In People v. Prominski, the Court of Appeals addressed whether a pastor is obligated under MCL 722.633(2) to report child abuse when alerted by a parishioner who was asking for the pastor’s guidance on the issue. The case originated in the Ionia Circuit Court. This opinion was released for publication on August 22, 2013.
This case involves the criminal prosecution of Pastor John Jerome Prominski, the pastor of Resurrection Life Church, in Ionia, Michigan. A parishioner approached the defendant in 2009 because she was concerned that her husband was abusing their daughters. She visited the defendant as her pastor for advice on how to proceed, whether to report the incident, etc. In 2011, she told the pastor about an additional incident. He informed her that she needed to report the abuse or else he would do so. During the investigation, the police learned of the 2009 exchange between the mother and the pastor.
Pastor was charged with failure to report child abuse
In turn, the pastor was charged with failure to report child abuse. In district court, he moved for the charges to be dismissed based upon privilege. The district court found that the privilege applied, and therefore, the charges were dismissed. The Circuit Court affirmed.
On appeal, the issue was whether the mother communicated with the pastor in his professional capacity; that is, in a confession or similarly confidential communication under MCL 722.631. The Court applied a college dictionary definition and defined “confidential” as “spoken, written, or acted on in strict confidence; secret; private.” Additionally, it was undisputed that the defendant was a clergy member of a church or that she had discussions with him in his professional role.
Furthermore, the Court stated that under the statute, many individuals, including the clergy, are required to report suspected child abuse. In addition, MCL 722.631 abrogates privilege related to the reporting statute with the exceptions of clergy-parishioner and attorney-client privileges. Moreover, the latter refers to a confession or a similarly confidential communication. The evidentiary privilege under MCL 767.5a(2) renders any communications privileged and confidential when those are necessary to enable the clergy to essentially do their work effectively.
The Court held that under MCL 722.631, a communication is a “similarly confidential communication” when the parishioner does not make an admission, but has a similar expectation of privacy and secrecy. The district court made a finding of fact that the mother was looking for guidance and expected the exchange to remain private. The Circuit Court affirmed this determination that there was indeed an expectation of privacy due to seeking the pastor’s guidance. Additionally, the Circuit Court noted that the mother testified that she expected this to be a confidential communication. The Court explained that while not a confession, she had an expectation that the information would not be shared with third parties. In turn, the Court found that MCL 722.631applied, and therefore, the defendant was not required to make a report under MCL 722.623(1)(a).
In conclusion, the Court determined that the motion to dismiss was properly granted. The Court held that under these circumstances, a clergy member is not obligated to report suspected child abuse to law enforcement.
Clergy facing this question should always consult with counsel. There is a common misunderstanding that all pastors must report all they hear about child abuse or sexual abuse. Reporting suspected abuse that is lawfully confidential could subject the pastor and the church to civil liability. Not reporting abuse when lawfully required to report could subject a pastor to criminal liability as well as civil liability.
The Kronzek Firm PLC, is a full-service law firm based in Lansing, Michigan that provides free initial consultations to mandatory reporters (teachers, pastors, doctors, counselors, etc.).