State Case
State Implications
Nunez v. Watchtower Bible & Tract Soc’y of N.Y., Inc.
Courts engage in a delicate balancing act whenever allegations of child abuse collide with questions of confidentiality. A recent Montana Supreme Court decision addressed a dispute in reporting duties, highlighting the importance of proper abuse reporting protocols within the ministry setting.
What You Need to Know
In Nunez v. Watchtower Bible & Tract Soc’y of N.Y., Inc., two women sued a local Jehovah’s Witnesses congregation and its governing bodies, claiming church elders failed to report sexual abuse to state authorities. The trial court found the church liable under Montana’s mandatory reporting law, leaving the jury to decide damages. The verdict was staggering: $35 million.
On appeal, however, the Montana Supreme Court reversed, holding that the state’s reporting law contains an exception when church doctrine requires confidentiality. Because Jehovah’s Witnesses’ procedures fell within that exception, the court entered judgment for the defendants.
What Your Ministry Can Do
Understand Applicable Law: Clergy-reporting exemptions vary widely; confirm what your jurisdiction requires and train leaders accordingly.
Establish Clear Policies: Adopt detailed written protocols for handling suspected abuse or neglect, including both internal and external reporting procedures.
Call in Reinforcements: Even if an exemption applies, involve legal counsel—and, when appropriate, notify state authorities. Doing so helps protect your ministry and, most importantly, safeguards children from harm.
