NJ Catholic Dioceses Release Draft Protocol for Independent Victims Compensation Program (IVCP)

[Archdiocese of Newark and the Dioceses of Camden, Metuchen, Trenton and Paterson]

Within the next thirty (30) days, the five (5) New Jersey Catholic Dioceses intend to launch an “Independent Victims Compensation Program” (the IVCP), to provide compensation to survivors of childhood sexual abuse perpetrated by clergy of one of the five New Jersey Dioceses. The IVCP will not consider other claims of childhood sexual abuse.

The IVCP is expected to begin operating sometime in April, 2019. During the first six months (Phase I), it will process claims of survivors who previously reported claims of childhood sexual abuse to any one of the Dioceses. During the ensuing six months (Phase II), the IVCP will process newly asserted claims of childhood sexual abuse.

The IVCP will be administered by Camille Biros and Kenneth Feinberg, who currently oversee and manage similar compensation programs established in New York and Pennsylvania. In exchange for financial compensation, abuse survivors who participate in the IVCP and accept offers of financial compensation will release their rights to bring further claims against the Dioceses. Claims will likely be evaluated on a case-by-case basis using certain criteria to distinguish claims from one another. No compensation amounts have been announced.

A draft of the IVCP protocol has been released. Claims must be filed by December 31, 2019. The Dioceses will have no appeal rights with regard to compensation decisions made by the IVCP. Features of the IVCP include:

• The complete independence of the two Administrators in determining eligibility and the amount of compensation.
• The Program is completely voluntary; no individual claimant is required to participate.
• All payments authorized by the Administrators will come from Diocese funds; no public money will be used to compensate victims.
• Only if the individual victim accepts the amount offered by the Administrators will a signed Release be required, in which the victim agrees not to engage in any further litigation against the particular Diocese.
• Through Phase I, The IVCP will first give a priority to claimants who previously complained to Church officials about the sexual abuse. Phase II of the Program will permit new claimants – who did not previously file a complaint with a Diocese – to register for consideration for eligibility to participate in the Program. Their claims will similarly be reviewed and subsequently processed by the two independent Administrators.

IMPORTANT: Survivors of child sexual abuse may qualify for compensation through the IVCP without regard to whether or not their claims would otherwise be barred (i.e. deemed invalid) under New Jersey’s current Statute of Limitations applicable to child sexual abuse.