Counseling Assistance Fund Trust

The Catholic Conference of Ohio, an interdiocesan agency serving all Catholic dioceses in the State of Ohio, with principal place of business at 9 E. Long Street, Suite 201, Columbus, Ohio 43215, hereby establishes this Trust on the 16th day of November, 2006.

Article 1. Name

The name of this Trust is Counseling Assistance Fund.

Article 2. Purpose

• The purpose of the Trust is to provide financial assistance solely to pay for counseling or similar mental health services to persons who while residing in Ohio were victims of sexual abuse as minors, committed by an individual who at the time the abuse occurred was a priest or deacon incardinated in a Catholic Diocese in Ohio, or a priest or deacon serving in Ohio with faculties granted by a Bishop of a Catholic Diocese in Ohio, or a deacon, agent, employee or authorized volunteer of any Catholic Diocese or Bishop within the State of Ohio. The service must be provided by a professional counselor or health care provider licensed in the Claimant’s state of residence.
• The Trust is organized and will be operated exclusively for the charitable purpose stated in this Article 2, and it is intended that the Trust will be exempt from federal income tax under Sec. 501(c)(3) of the Internal Revenue Code.
• All information and records related to Claims shall be privileged under Ohio law, including but not limited to the Ohio mediation privilege statute, as set forth in R.C. Chapter 2710, except that Claimants may disclose any and all information they provide, at their choice.

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Article 3. Trustee

• The Trustee of the Trust shall be Fifth Third Bank, Central Ohio, a national banking corporation with principal place of business in Cincinnati, Ohio. The Trustee accepts the Trust as established and agrees to act in accordance with the terms of the Trust.
• The Trustee may resign at any time by delivery to the Claims Award Panel established in paragraph 7.1, below, a written notice of resignation. The resignation shall be effective on the date stated in the notice of resignation, which date cannot be less than 30 days after delivery of the notice of resignation, unless notice is waived.
• The Trustee may be removed with or without cause by delivery to the Trustee of a written notice of removal issued by the Claims Award Panel established in paragraph 7.1, below. The removal shall be effective on the date stated in the notice of removal, which date cannot be less than 30 days after delivery of the notice of removal, unless notice is waived.
• If the Trustee resigns or is removed, the Claims Award Panel shall appoint a successor trustee, which shall be a national bank or trust company possessing trust powers under applicable federal or Ohio law. Any successor trustee shall act in accordance with the terms of the Trust.
• If any trustee resigns or is removed, the resigning or removed trustee shall provide a final account as to trust assets to the Claims Award Panel within 10 days of the effective date of the resignation or removal, and shall take all action required to transfer the assets of the Trust to the successor trustee.

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Article 4. The Trust Fund

• Immediately upon acceptance of the Trust by the Trustee the Catholic Conference of Ohio shall deposit with the Trustee the amount of $3,000,000.00, which shall be the Trust Fund. No further contribution to the Trust Fund by the Catholic Conference of Ohio or any Catholic Bishop, Diocese, entity or institution located in the State of Ohio or elsewhere, will be made.
• The Trustee shall hold the Trust Fund in liquid, interest bearing accounts. Interest or other earnings on the Trust Fund shall become a part of the Trust Fund.
• The Trust Fund shall be held and used by the Trustee solely for payments of Claims as described in paragraph 6.1, below, pursuant to the purpose and terms of the Trust.

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Article 5. Administration Expenses

• The Catholic Conference of Ohio shall determine and contract for the reasonable expenses required in the administration of the Trust, including but not limited to, salary or other compensation, Trustee fees, occupancy expense and other operating costs or expenses, hereinafter “the Administration Expenses.” The Trustee shall have no responsibility for arranging, contracting for or paying the Administration Expenses.
• Invoices or other requests for payment of Administration Expenses shall be submitted directly to the Catholic Conference of Ohio. The Catholic Conference of Ohio shall pay the Administration Expenses on a current basis as required.
• The Administration Expenses cannot be paid from the Trust Fund.

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Article 6. Claims

• Any person who asserts that he or she while residing in Ohio was a victim of sexual abuse as a minor by an individual who at the time the abuse occurred was a priest or deacon incardinated in a Catholic Diocese in Ohio, or a priest or deacon serving in Ohio with faculties granted by a Bishop of a Catholic Diocese in Ohio, or a deacon, agent, employee or authorized volunteer of any Catholic Diocese or Bishop within the State of Ohio may present a Claim for financial assistance for counseling from the Trust Fund. However, no person may assert a Claim if that person had previously reached settlement of an abuse claim with any Bishop, Diocese or Catholic entity, or at the time the Claim is presented has any legal action pending as to an abuse claim, or had received a determination by a court of competent jurisdiction as to an abuse claim, or at the time the Claim is presented is receiving, or had previously received, counseling or financial assistance for counseling under any Diocesan victim assistance coordinator program. Any Claimant making a claim under this Trust shall not be eligible to make a claim or receive assistance under any Diocesan victim assistance program.
• Any Claim for counseling assistance from the Trust Fund must be presented to a Counseling Claims Administrator by a Claimant within a period commencing on the date of adoption of the Trust stated in the above opening paragraph of the Trust and ending at 12:00 midnight on the date 18 months after the date of adoption of the Trust. The Claim may be presented in person or by a writing received by the Counseling Claims Administrator within the 18 month period established by this paragraph 6.2. Any Claim presented in person, or received in writing, outside of the 18 month period established by this paragraph 6.2 will not be valid and will not be considered.
• A timely Claim may be presented regardless of when the act of abuse occurred.
• Each Catholic Diocese within the State of Ohio shall have a person designated as the Counseling Claims Administrator. The Counseling Claims Administrator shall be located within the geographic area of the Diocese to provide local access for any Claimant, but shall not conduct the receipt of Claims on any property owned by a Catholic entity. The Counseling Claims Administrator cannot be an employee or official of the Catholic Church and cannot be associated with any victims’ special interest or advocacy group. The Counseling Claims Administrator, or any successor Counseling Claims Administrator required by reason of resignation or inability to act, shall be appointed by the senior Judge of the Probate Court of the county in which the personal residence of the Bishop is located.
• Upon receipt of a timely Claim, the Counseling Claims Administrator shall obtain all information which the Claimant desires to provide the Counseling Claims Administrator, and shall prepare a standard Claims Form as to the information provided by the Claimant. The standard Claims Form shall consist of two parts, one part being Preliminary Information identifying the Claimant and one part being Basic Information as to the abuse. The Counseling Claims Administrator shall forward only the Preliminary Information to the Chancellor of the Diocese responsible for the claimed abuser at the time the abuse occurred. The Diocese receiving the Preliminary Information may respond by providing to the Counseling Claims Administrator any information which the Diocese desires to provide regarding the Claim, but providing any information shall be voluntary and no Diocese, Bishop or any Catholic official or entity shall be under any legal obligation whatsoever to respond or provide any information by reason of a Claim. Any information which the Diocese desires to provide to the Counseling Claims Administrator must be provided within 15 days after receipt of the Preliminary Information from the Counseling Claims Administrator by the Chancellor of the Diocese. The provisions of paragraph 13.3, below, shall be applicable to any information received by a Diocese.
• No legal privilege or right of confidentiality is waived or released by any Bishop, Diocese or Catholic official or entity by reason of creation and administration of the Trust.
• A Counseling Claims Administrator shall not determine the merits or validity of any Claim. The Counseling Claims Administrator must forward the Claims Form, and any response received from a Diocese, to the Claims Award Panel for a final determination from the Claims Award Panel. The Counseling Claims Administrator shall forward the Claims Form and any response from a Diocese within 10 days after expiration of the 15 day period during which a Diocese may submit a response as stated in paragraph 6.5, above.
• All information received by a Counseling Claims Administrator and the Claims Form may not be disclosed by the Counseling Claims Administrator to anyone but the Claims Award Panel, and is subject to paragraph 2.3, above.

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Article 7. Award of Claims

• An independent, impartial Claims Award Panel shall be established. The Claims Award Panel shall consist of 3 persons who are not past or present priests, employees or officials of the Catholic Church or admitted victims of sexual abuse as minors. The Claims Award panel shall conduct its business from a location in Franklin County, Ohio, so as to be centralized within the State of Ohio, but shall not conduct its business on any property owned by a Catholic entity. The members of the Claims Award Panel shall be appointed as follows:
  • One member, or replacement for that member if a vacancy occurs, shall be appointed by the senior Judge of the Probate Court of Franklin County, Ohio;
  • One member, or replacement for that member if a vacancy occurs, shall be appointed by the President of the Center for Child and Family Advocacy, Columbus, Ohio; and
  • One member, or replacement for that member if a vacancy occurs, shall be appointed by the members appointed under subparagraphs (a) and (b), above.
• Upon receipt of a report and accompanying information from a Counseling Claims Administrator, the Claims Award Panel shall review the information submitted to determine if the information is sufficient to establish that an act or acts of abuse as stated in paragraph 2.1, above, occurred, the nature and extent of any acts of abuse, and the counseling services appropriate for the benefit of the Claimant. The Claims Award Panel shall then determine by majority vote of the members currently appointed and serving if an award is to be made from the Trust Fund for the benefit of the Claimant for counseling because of an act of sexual abuse of the Claimant as a minor by a person referred to in paragraph 6.1, above, and if an award is to be made, the amount of the award. The amount shall be a fixed dollar amount. The total amount of awards granted for counseling shall not exceed the amount of the Trust Fund.
• The Claims Award Panel shall determine the amount of any awards granted on a uniform basis state-wide to the extent possible, considering all facts and circumstances presented to the Claims Award Panel, and may adopt appropriate procedures to help provide uniformity.
• The Claims Award Panel shall notify the Claimant, the Catholic Conference of Ohio, and the Trustee in writing within 3 days after the determination is made as to the result of the determination, but the provisions of paragraph 2.3, above, shall otherwise be applicable.
• Any determination of the Claims Award Panel shall be final and shall not be subject to appeal or review by any person or entity.
• A Claim awarded by the Claims Award Panel shall not be assignable.

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Article 8. Payment of Claims

• Upon receipt of a notification that a fixed dollar amount for counseling has been awarded, the Claimant may select a professional counselor or health care provider licensed in the state of the Claimant’s residence to provide counseling or similar mental health services to the Claimant. The terms of the engagement shall be as agreed to between the Claimant and the service provider, but shall require billing by the service provider at least monthly. The Claimant may change service providers at any time as determined by the Claimant.
• A service provider shall submit a monthly invoice for counseling services provided to a Claimant directly to the Trustee. The Trustee shall pay invoices presented from the Trust Fund within 10 days after receipt of the invoice.
• The Trustee shall not pay any amount for an individual Claimant if the cumulative amount paid for the Claimant would exceed the fixed dollar amount awarded to that Claimant.
• The Trustee shall terminate payments to a service provider for any Claimant if the service provider notifies the Trustee either that the Claimant has terminated the services of the service provider, or that the service provider has determined that no further benefit to the Claimant will be accomplished. The Trustee shall also make no further payments for a Claimant if no invoice for service rendered to the Claimant has been submitted for a period of 6 months after receipt of the last invoice.
• If payment of invoices for a Claimant terminates before the total fixed dollar amount has been paid, the unpaid balance shall be held as part of the Trust Fund and may be awarded for any subsequent Claim presented within the 18 month period referred to in paragraph 6.2, above, or, if no subsequent timely Claim is presented, held under the provisions for termination of the Trust under Article 11, below.

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Article 9. Waiver and Release of Claims

• If the Claims Award Panel determines that a fixed dollar amount will be awarded to a Claimant, the Claimant must execute and deliver to the Trustee a waiver and release of all claims against all officials, employees, authorized volunteers, or entities or institutions of the Catholic Church, and all persons acting pursuant to the terms of this Trust, before the Trustee is allowed to pay the Claim. The waiver and release shall be made by execution and delivery to the Trustee on a standard form approved by the Catholic Conference of Ohio. Any waiver and release form shall be provided to the Catholic Conference of Ohio upon request.

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Article 10. Amendment

• The Trust is irrevocable and may be amended only by the unanimous agreement of all members of the Claims Award Panel and the Trustee for the sole purpose of adopting, deleting or clarifying administrative provisions of the Trust necessary to permit operation of the Trust to meet the purpose of the Trust as stated in Article 2, above, or to maintain tax exempt status.

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Article 11. Termination

• The Trust shall terminate upon the earlier of:
  • Distribution of the total amount of the Trust Fund; or
  • The end of the 18 month period stated in paragraph 6.2, above, if no Claim has been presented to a Counseling Claims Administrator during that period; or
  • The end of a 6 month period after the latest invoice has been received by the Trustee for payment.
• Upon termination any amount held by the Trustee on the date of termination shall be paid by the Trustee to the Catholic Conference of Ohio, to be distributed as determined by the Catholic Conference of Ohio to any Catholic entity or institution which is exempt from income tax under Sec. 501(c)(3) of the Internal Revenue Code.
• Upon termination all records of the Trust maintained by a Counseling Claims Administrator, the Claims Award Panel or the Trustee shall be delivered to the Catholic Conference of Ohio. The Catholic Conference of Ohio shall retain all such records for at least 5 years after receipt. All such records shall be held subject to paragraph 2.3, above.
• In addition to the termination provisions in paragraph 11.1 through 11.3, above, if at the end of the 18 month period stated in paragraph 6.2, above, any amount of the Trust Fund has not been awarded, the amount not awarded in the 18 month period shall be paid by the Trustee to the Catholic Conference of Ohio, to be distributed in the manner set forth in paragraph 11.2, above.

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Article 12. Indemnification

• The Catholic Conference of Ohio shall indemnify each Counseling Claims Administrator, each member of the Claims Award Panel, each person acting under subparagraphs 7.1(a) and (b), above, and the Trustee against any claims, losses or expenses, including any legal expenses, incurred in the administration of the Trust, except any claims, losses or expenses arising by reason of fraud or gross negligence.

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Article 13. Trust is Not an Admission; Application of Church Procedures and Canon Law.

• The Trust is for the purpose of helping past child abuse victims bring healing, reconciliation and peace, in a private forum respectful of the privacy of victims, in accord and full satisfaction of the victims’ Claims voluntarily.
• The establishment and operation of the Trust, including providing or not providing any information in regard to the Trust or Claims made pursuant to the Trust, is not an admission of the violation of any criminal or civil statute, and is not an admission of any act of fraud, negligent action or failure to act, or any other action which might be claimed as creating criminal or civil liability, by any Bishop, Diocesan Administrator, priest, deacon, officials, employees, authorized volunteers, entities or institutions of the Catholic Church.
• An award of a Claim under the terms of the Trust is not binding upon any Bishop. Allegations of sexual abuse of minors by priests, deacons and other Catholic Church personnel such as employees and volunteers shall be dealt with pursuant to the Charter for the Protection of Children and Young People, and the Essential Norms for Diocesan/Eparchial Policies Dealing with Allegations of Sexual Abuse of Minors as adopted and revised by the United States Conference of Catholic Bishops; and, by universal law of the Catholic Church including the requirements of the Code of Canon Law.

IN WITNESS WHEREOF, the parties have executed this Trust on the date first set forth above.

CATHOLIC CONFERENCE OF OHIO
By: FIFTH THIRD BANK, CENTRAL OHIO
By:

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