Sheriff: Amish kept abuse quiet
Church leaders may be charged for not reporting molestation confession.
by Wes Johnson | News-Leader
Webster County Sheriff Roye Cole said Friday that Amish church leaders may face charges for not reporting child abuse after a father reportedly confessed in church two years ago.
Cole is seeking an attorney general opinion about whether a confession made by Johnny Schwartz could be considered "privileged communication" -- and protects church officials from having to divulge the crime to authorities.
Cole met with the Amish community Friday and said it was clear to him they had no understanding of Missouri's mandatory child abuse reporting law.
"We're trying our best to uphold the law equally for everyone," Cole said. "We are not going to ignore them not reporting a crime. Everything hinges on the legal opinion we get from the attorney general's office or our prosecutor."
Late Friday, a spokeswoman for Attorney General Chris Koster said the office had not yet received Cole's request.
The case involves rural Webster County residents Johnny and Fannie Schwartz.
Johnny Schwartz was arrested and charged last week with four counts of statutory sodomy and two counts of child molestation involving two girls.
Fannie Schwartz was charged Thursday with two counts of endangering the welfare of a child because she allegedly knew her husband was sexually molesting the girls, now ages 15 and 16.
The husband remained in jail in lieu of $150,000 bond while the wife was released Friday on $25,000 bond.
Cole said he explained the serious nature of the crimes during his meeting with the Amish and the possibility others could be charged for failing to report what they knew.
Cole said Johnny Schwartz "made a confession to the entire congregation" two years ago.
The church officially shunned the couple, but no one reported the crime.
"They feel their religious laws trump our legal system," Cole said.
"They were very receptive, very open with me. Their eyes were opened to many things. This (mandatory reporting law) is completely beyond their realm of understanding. They don't know who to call -- they don't have phones. But we told them someone may be arrested for not reporting."
When asked how many church officials potentially could face charges, Cole said that depended on the outcome of the continuing investigation.
They have a lot of bishops and deacons, he said.
Missouri's mandatory reporting law does not exempt ministers from reporting child abuse.
"According to state statute 210.15, ministers are among those who have to report abuse," said Arleasha Mays, spokeswoman for the Children's Division of the Missouri Department of Social Services.
"There are no loopholes or provisions preventing a prosecutor from filing charges for failing to report child abuse."
Yet, there may be room for interpretation.
A subsection of the reporting law states "a minister shall not be required to report concerning a privileged communication made to him or her in his or her professional capacity."
Mays indicated that exemption might be aimed at priests hearing confessions in a closed setting, but left it to state lawyers to make that determination.
Ministers aren't the only ones in Missouri required by law to report child abuse.
The law also applies to physicians, medical examiners, dentists, chiropractors, coroners, optometrists, nurses, hospital or clinic personnel, any other health practitioner, psychologist, social workers, mental health professionals, day care center workers, juvenile officers, probation or parole officers, teachers, school officials and law enforcement officers.
The child abuse reporting hotline is 800-392-3738.
This article was found at:
http://www.news-leader.com/article/20091017/NEWS01/910170340/1007
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KSPR - ABC Springfield, Missouri October 17, 2009
Recent Child Molestations Draw Attention to Knowing Parents
By KSPR News
This week the Webster County Prosecutor charged Johnny Shwartz with statutory sodomy and child molestation. His wife Fannie Schwartz was charged with child endangerment for knowing about the relationship between her husband and their two daughters.
Webster County Sheriff Roye Cole believes the Schwartz's Amish heritage kept the molestations quiet until someone from outside their community reported it to law enforcement.
"If you go and confront them they will be truthful and forthcoming with their information, but if you don't go to them, they won't come to you," said Sheriff Cole.
For that reason, the sheriff visited the Amish community this week to make sure its members understand reporting abuse is state law.
"I don't know if they've ever been held accountable for it, and I don't know if they even knew about mandated reporting laws. With a whole community that's just unsafe," said Cole.
But whether in the Amish community or outside of it, child advocates say there are many factors that play a role in a parent keeping such information under wraps.
"Often times people want to handle it themselves, or within their family or community. So, it's unfortunately very common for both parents to know what's going on, and try to make that choice between protecting the person that's hurting their children, or protect their children, or both," said Zach Adams with the Child Advocacy Center.
Later this week another couple in Rogersville was charged for similar crimes.
Wade Perkins was charged with child abuse, statutory sodomy and statutory rape. His wife Amy Perkins was charged with child endangerment for not reporting the abuse.
The Child Advocacy Center says most child abuse cases don't happen with someone the child doesn't know, but it usually happens with someone the child does know. In fact, statistics show nearly 94% of all child abuse cases happen with inside the home.
"We hear a lot of times kids say, I love this person. I just want them to stop doing what they are doing to me. So, it makes it tough on the non-offending parent to have to hear that and still try to make the right decision for their kids," said Adams.
Sheriff Cole says the best thing a non-offending parent can do is put him or herself in that child's shoes.
"If somebody in your family is hurting you, and you can't go to your parents, and you can't go to your church, or you can't go anywhere else to get help, where are you going to go? Adults have to step up and protect them," said Cole.
Sheriff Cole says anyone who has care, custody, or control of a child is a mandated reporter of abuse.
If not reported, the non-offending parent or family member can face up to one year of jail time.
This article was found at:
http://www.kspr.com/news/local/64681987.html
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News-Leader - Springfield, Missouri October 16, 2009
Attorney general's opinion sought on possible charges for church leaders in Amish child abuse case
by Wes Johnson | News-Leader
Webster County Sheriff Roye Cole said today that Amish church leaders may face charges for not reporting child abuse after a father reportedly confessed in church two years ago.
• This morning's story: Webster County mother accused of knowing girls were molested
• PDF: Probable cause statement and charges against Fannie Schwartz
Cole is seeking an attorney general opinion about whether a confession made by Johnny Schwartz could be considered “privileged communication” — and protect church officials from having to divulge the crime to authorities.
Cole met with the Amish community Friday and said it was clear to him they had no understanding of Missouri’s mandatory child abuse reporting law.
“We’re trying our best to uphold the law equally for everyone,” Cole said. “We are not going to ignore them not reporting a crime. Everything hinges on the legal opinion we get from the attorney general’s office or our prosecutor.”
Late Friday, a spokeswoman for Attorney General Chris Koster said the office had not yet received Cole’s request.
The case involves rural Webster County residents Johnny and Fannie Schwartz.
Johnny Schwartz was arrested and charged last week with four counts of statutory sodomy and two counts of child molestation involving two female relatives.
Fannie Schwartz was charged Thursday with two counts of endangering the welfare of her children because she allegedly knew her husband was sexually molesting the girls, now ages 15 and 16.
The husband remained in jail in lieu of $150,000 bond while the wife was released today on $25,000 bond.
Cole said he explained the serious nature of the crimes during his meeting with the Amish and the possibility others could be charged for failing to report what they knew.
Cole said Johnny Schwartz “made a confession to the entire congregation” two years ago.
The church officially shunned the couple, but no one reported the crime.
“They feel their religious laws trump our legal system,” Cole said. “They were very receptive, very open with me. Their eyes were opened to many things. This (mandatory reporting law) is completely beyond their realm of understanding. They don’t know who to call — they don’t have phones. But we told them someone may be arrested for not reporting.”
When asked how many church officials potentially could face charges, Cole said that depended on the outcome of the continuing investigation.
Missouri’s mandatory reporting law does not exempt ministers from reporting child abuse.
“According to state statute 210.15, ministers are among those who have to report abuse,” said Arleasha Mays, spokeswoman for the Children’s Division of the Missouri Department of Social Services.
“There are no loopholes or provisions preventing a prosecutor from filing charges for failing to report child abuse.”
Yet, there may be room for interpretation.
A subsection of the reporting law states “a minister shall not be required to report concerning a privileged communication made to him or her in his or her professional capacity.”
Mays indicated that exemption might be aimed at priests hearing confessions in a closed setting, but left it to state lawyers to make that determination.
Ministers aren’t the only ones in Missouri required by law to report child abuse.
The law also applies to physicians, medical examiners, dentists, chiropractors, coroners, optometrists, nurses, hospital or clinic personnel, any other health practitioner, psychologist, social workers, mental health professionals, day care center workers, juvenile officers, probation or parole officers, teachers, school officials, and law enforcement officer to report child abuse.
The child abuse reporting hotline is
800-392-3738
. This article was found at: http://www.news-leader.com/article/20091016/BREAKING01/91016030/1007/NEWS01/Attorney+general+s+opinion+sought+on+possible+charges+for+church
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