‘Preliminary Courses’ Posts

 

Law and the Church Passes

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Dear Rev. Crystal Groves (Crystal Groves),

Congratulations! Your Law and the Church submission passes. That fortune telling law is crazy.

I think I have “Hex and Spellwork: The Magical Practices of the Pennsylvania Dutch,” btw. Let me check and see. I know I have something similar to that, but I don’t know if it’s the same book. I picked it up at a rest stop at one point, of all places.

Blessings,
Rev. Michael Dangler

 

ADF Structure, Customs, and Policy Citations

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Bonewits, Philip Emmons Isaac. “Chapter 7, Ár NDraíocht Féin: A Druid Fellowship.”Bonewit’s Essential Guide to Druidism. New York, NY: Kensington Pub., 2006. 108-09. Print.

Dangler, Michael J. “Where’s the Belief? Piety in the DP.” Ár NDraíocht Féin. Ár NDraíocht Féin, n.d. Web. 29 Aug. 2012. <http://www.adf.org/members/training/dp/articles/wheres-the-belief.html>.

Dangler, Michael J. “Nine Central Tenets of Druidic Ritual.” Ár NDraíocht Féin. Ár NDraíocht Féin, n.d. Web. 29 Aug. 2012. <http://www.adf.org/articles/cosmology/nine-tenets.html>.

 

ADF Customs Passes

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Dear Rev. Crystal Groves (Crystal Groves),

Congratulations! Your ADF Structure, Customs and Policy submission passes.

Figured this one wouldn’t be too hard for ya

Blessings,
Rev. Michael Dangler

 

Law and Church Works Cited

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“TITLE 42 JUDICIARY AND JUDICIAL PROCEDURE § 5943 Confidential Communications to Clergymen.” The Pennsylvania General Assembly. N.p., n.d. Web. 13 Oct. 2012. <http://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/42/00.059.043.000..HTM>.

“TITLE 42 JUDICIARY AND JUDICIAL PROCEDURE SUBCHAPTER B. § 6311 Persons Required to Report Suspected Child Abuse.” The Pennsylvania General Assembly. N.p., n.d. Web. 13 Oct. 2012. <http://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/23/00.063.011.000..HTM>.

TITLE 23 DOMESTIC RELATIONS 1503. Persons Qualified to Solemnize Marriages.”Pennsylvania General Assembly. N.p., n.d. Web. 13 Oct. 2012. <http://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/23/00.015.003.000..HTM>.

“Recognition of Same-sex Unions in Pennsylvania.” Wikipedia. Wikimedia Foundation, 10 Dec. 2012. Web. 13 Oct. 2012. <http://en.wikipedia.org/wiki/Recognition_of_same-sex_unions_in_Pennsylvania>.

The Solicitation of Funds for Charitable Purposes Act PDF. N.p.: Commonwealth of Pennsylvania, 26 Dec. 2006. PDF. <www.portal.state.pa.us:80/portal/server.pt/gateway/PTARGS_0_160154_797894_0_0_18/copy_of_act_(2007).pdf>.

“The Solicitation of Funds for Charitable Purposes Act.” Pennsylvania Department of State. N.p., n.d. Web. 13 Oct. 2012. <http://www.dos.state.pa.us/portal/server.pt/community/charities/12444/the_solicitation_of_funds_for_charitable_purposes_act/571842>.

“CHAPTER 95. COUNTY CORRECTIONAL INSTITUTIONS § 95.237. Religion.”Pennsylvania Code. N.p., n.d. Web. 13 Oct. 2012. <http://www.pacode.com/secure/data/037/chapter95/chap95toc.html>.

“Code of Federal Regulations § 404.1023.” Social Security Administration. N.p., n.d. Web. 13 Oct. 2012. <http://www.ssa.gov/OP_Home/cfr20/404/404-1023.htm>.

Tax Guide for Churches and Religious Organizations. N.p.: Internal Revenue Service, n.d. PDF. <http://www.irs.gov/pub/irs-pdf/p1828.pdf>.

Program Statement, Visiting Regulations. N.p.: U.S. Department of Justice, n.d. PDF. <http://www.bop.gov/policy/progstat/5267_008.pdf>.

House Bill No. 1099 Session For 2007.” General Assembly of Pennsylvania, n.d. Web. 13 Oct. 2012. <http://www.legis.state.pa.us/CFDOCS/Legis/PN/Public/btCheck.cfm?txtType=HTM>.

“Section 7104 – Title 18 – CRIMES AND OFFENSES § 7104. Fortune Telling.” Section 7104 – Title 18 – CRIMES AND OFFENSES. Pennsylvania General Assembly, n.d. Web. 13 Oct. 2012. <http://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/18/00.071.004.000..HTM>.

Bilardi, C. R. “5. The Operation of Braucherei.” The Red Church or the Art of Pennsylvania German Braucherei. Sunland, CA: Pendraig, 2009. 158-59. Print.

“Pastoral Counseling Licensing.” American Association of Pastoral Counselors. N.p., n.d. Web. 13 Oct. 2012. <http://www.aapc.org/membership/licensing.aspx>.

Chaplain Activities in the United States Army. N.p.: United States Army, n.d. PDF. <http://chaplain.ng.mil/resources/Documents/AR165_1.pdf>.

 

Law and the Church, #11

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What are the regulations and options for prison ministry in your county and state?

From a state level, the prison ministry regulations I’ve found are as follows:

PA Chapter 95 Law in regards to County Correction Institutions § 95.237. Religion says that the follow are minimum requirements applicable to religion in correctional facilities (CHAPTER 95. COUNTY CORRECTIONAL INSTITUTIONS § 95.237. Religion.):

(1) Written local policy must provide that each prisoner shall be allowed to satisfy the needs of his religious life consistent with the orderly administration of the prison.

(2) Written local policy must require that individuals seeking to provide religious guidance to inmates be screened and selected by the prison administrator or a designee.

(3) Written local policy must provide for the accommodation of religious practices consistent with the security needs and orderly administration of the prison. The policy must describe the procedure for reviewing an inmate request for accommodation of a religious practice or activity.

(4) Written local policy must provide that inmates are permitted to possess religious objects consistent with the security needs and orderly administration of the prison. The policy must describe the procedure for reviewing an inmate request to possess religious objects that would otherwise be considered contraband.

(5) Written local policy must provide for the accommodation of special foods, diets and fasts as part of an inmate’s religious practices consistent with the security needs and orderly administration of the prison. The policy must describe the procedure for reviewing an inmate request for accommodation of these practices.

In addition § 95.233. Visiting. states:

(5)  Written local policy must allow for visits by an inmate’s attorney or clergy. Written local policy must require that accommodations be made to provide for the privacy of conversation during these visits.

There are no current county laws that I’ve found for prison ministry.

 

Law and the Church, #10

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What are the rules regarding outside worship for any local military base, and what happens if a soldier on that base wants access to a priest who is not in the military or not a military chaplain? If there are no local military bases, what are the general rules?

The closest military base is either Camp David in Sabillasville MD, or Fort Detrick in Frederick Maryland.  There are military facilities around Gettysburg, but they are not considered “bases”.

There is very little information to be found about Camp David, which is to be expected since it is such a private institution.  For Detrick, which is known as the center for the creation of Anthrax, does not have any public mandates regarding outside worship.  In fact I cannot find many bases around here that have any sort of official mandate.  I think for the most part those types of laws are regulations are served on an “as needed” basis and by request from the soldier in question who would then filter through the military chaplain.

Further research found mention in the Army Regulation 165-1 mention of Chaplain Activities in the United States Army which has several regulations regarding “Distinctive Faith Groups” (Chaplain Activities in the United States Army).

3–3. Religious services on military installations
a. The Army recognizes that religion is constitutionally protected and does not favor one form of religious expression over another. Accordingly, all religious denominations are viewed as distinctive faith groups and all soldiers are entitled to chaplain services and support.
b. When facilities are shared, scheduling priority will be given to worship services conducted by chaplains and services that minister to the largest number of soldiers and family members. The Installation Staff Chaplain will supervise all worship services held on a military installation.
c. Religious services conducted in military chapels and facilities are primarily for military personnel and authorized civilians. The Army is not required to provide religious support to non-DOD authorized personnel; however, military worship services are generally open to the public.

5–3. Civilian contract clergy
a. The services of civilian clergy may be contracted on an exception to policy basis when the Army is unable to provide a military chaplain, DOD civilian, or volunteer to meet the religious needs of soldiers and their family members. Exceptions must be approved by the MACOM chaplain (see chapters 13 and 14).
b. The services of civilian clergy may be procured by means of a nonpersonal services (NPS) contract with a recognized religious organization.
c. Civilian contract clergy will not function as a military chaplain, wear a military uniform, or be assigned AR 165–1 • 25 March 2004 9responsibilities as a staff officer. Their duties will be solely to provide specific and essential religious services to a distinctive faith group in the absence of a military chaplain according to the terms of the contract.

5–5. Distinctive faith group leaders
a. Distinctive faith group leaders may provide ministry on an exception to policy basis when military chaplains are not available to meet the faith group coverage requirements of soldiers and their families.
b. Distinctive faith group leaders—
(1) Are normally volunteers.
(2) Do not function as military chaplains.
(3) Must be sponsored and supervised by an assigned chaplain.
(4) May receive offerings at services they conduct with the funds being handled IAW chapter 14 of this regulation.
(5) Will receive no payment for their services, travel, or other expenses from APF (unless under contract). Military members will not be paid. However, if these leaders are nonmilitary full-time ordained clergy, they may be contracted.
Pay rates will not exceed the contract prices for civilian clergy contracted with APF.
(6) Will not perform collective Protestant services.
c. Distinctive faith group leaders seeking to provide religious services in chapel or unit facilities must submit an application (to be resubmitted for approval upon change of sponsoring chaplain) to the local installation chaplain for approval. The prospective leader must—

(1) Be approved by a religious organization recognized by the AFCB or recognized as a tax-exempt religious organization by the Internal Revenue Service (IRS). In the latter case, the prospective distinctive faith group leader shall submit a letter of approval by an authorized leader of the distinctive faith group with a full description of the group. This will include its origin, the length of time it has existed, and the number of members of the parent faith group.
(2) Establish the need for the requested distinctive faith group service.
(3) Provide a list of those persons requesting the service.
(4) Provide an explanation of why the service cannot be conducted by a military chaplain.
(5) Provide reasons why the local chaplain-led services cannot meet the specific theological/denominational requirements of the group.
(6) Establish with the installation chaplain that the proposed distinctive faith group leader is qualified for the position.
d. Distinctive faith group leaders will not conduct services before approval by the MACOM/STARC/USARC MSC Staff Chaplain.

 

Law and the Church, #9

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Describe the mandatory reporting laws in your area and how they affect you as a clergyperson. Explain the process you would go through to file a report if it were necessary.

Clergy do not have mandatory reporting laws outside of the IRS fundage.  We are not required to report child abuse that is reported during a confession to Clergy, but are also not held to the same regulation of confidentiality when it comes to child abuse.

If we were to report these types of abuse, however, Subchapter C gives an outline of the required documentation for child abuse claims:

(a) General rule.–Reports from persons required to report under section 6311 (relating to persons required to report suspected child abuse) shall be made immediately by telephone and in writing within 48 hours after the oral report.

(b) Oral Reports – Oral reports shall be made to the department pursuant to Subchapter C (relating to powers and duties of department) and may be made to the appropriate county agency. When oral reports of suspected child abuse are initially received at the county agency, the protective services staff shall, after seeing to the immediate safety of the child and other children in the home, immediately notify the department of the receipt of the report, which is to be held in the pending complaint file as provided in Subchapter C. The initial child abuse report summary shall be supplemented with a written report when a determination is made as to whether a report of suspected child abuse is a founded report, an unfounded report or an indicated report.

(c) Written Reports  – Written reports from persons required to report under section 6311 shall be made to the appropriate county agency in a manner and on forms the department prescribes by regulation. The written reports shall include the following information if available:

(1) The names and addresses of the child and the parents or other person responsible for the care of the child if known.
(2) Where the suspected abuse occurred.
(3) The age and sex of the subjects of the report.
(4) The nature and extent of the suspected child abuse, including any evidence of prior abuse to the child or siblings of the child.
(5) The name and relationship of the person or persons responsible for causing the suspected abuse, if known, and any evidence of prior abuse by that person or persons.
(6) Family composition.
(7) The source of the report.
(8) The person making the report and where that person can be reached.
(9) The actions taken by the reporting source, includingthe taking of photographs and X-rays, removal or keeping of the child or notifying the medical examiner or coroner.
(10) Any other information which the department may require by regulation (TITLE 23 DOMESTIC RELATIONS § 6313. Reporting procedure.).

 

Law and the Church, #8

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What is the difference between pastoral counseling and other kinds of counseling, and does the law differentiate between these types? What sort of license do you require in your state in order to perform counseling of any type? Does divination fall into this sort of counseling?

The difference between pastoral counseling and other kinds of counseling is that pastoral counseling is mainly faith-based counseling.  We cannot legally counsel on the mental or medical state of a person (unless otherwise licensed for those types of counseling).  Those types of counseling include psychological, relationship, or medical counseling.  ADF provides the pastoral training for Clergy to perform pastoral counseling, but it does not provide psychological or medical training for the latter, nor should it.

Pennsylvania State law does not define Clergy as an occupation that requires a license to practice pastoral counseling.  According to the American Association of Pastoral Counselors, PA is not listed among the six states that require a license for the title “Pastoral Counselor” (“Pastoral Counseling Licensing.”).

 

Law and the Church, #7

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How do you see these laws affecting how you serve your Grove, ADF, or the community as a whole?

None of the particular laws for Pennsylvania or Federal law directly affect how I serve my Grove, ADF or the Folk.  For the most part these laws are fair and just in terms of Clergy, and unless someone tries to get me charged with a misdemeanor for using runes or tarot, and even that is iffy, then I am at no risk for my practice and spirituality.

ADF has very knowledgeable leadership that have educated themselves on legal matters concerning Clergy and religious organizations.  They have set a foundation that is more organized than most Neo-pagan institutions, thus it gives us a leg up on our position in the political and legal realms.  We are in a very good position within the Neo-pagan community to really set a precedence for Pagan Clergy.  I hope that I can continue that knowledge and make sure ADF stays abreast of all policies that might affect us in the future.

 

Law and the Church, #6

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Looking at those laws listed in questions 1 – 4 and how they affect you, are there any specific laws that seem out of place, unfair, or unjust? What is the avenue for change to these laws, and do you see change to these particular laws as necessary?

The main law I see as unfair in my research is the same-sex marriage laws.  This does not affect me as Clergy directly, but as a person and Clergy who fully supports same-sex marriage, I feel it is an unjust law.

I could also see the laws against Fortune-telling as being a potential threat if manipulated correctly against Clergy with the use of omen and divination.

If the House Bill 1099 passes, it could threaten the definition of congregation and ordination of Clergy in that ADF being rather virtual organization, but still providing legit in-person ordination, I worry about manipulation of these laws to further exclude Groves that do not own a physical church building.

Avenues for change of these types of laws require that we as Clergy and Druids in general being aware and active in our judicial community.  Knowing what bills and amendments are upcoming for votes, rally against them publicly and voice your position through your vote.  To be honest I wish we had more neo-pagans or even ADF members in political office to help further politics and law into a more fair direction.