Legal Liability

In the United States sometimes there is a question about the legal liablity associated with offering a mental health ministry and whether typical liability insurance policies will cover participants in a mental health ministry. When these question arise the legal counsel or the risk management staff of your parish or diocese should be consulted.

In general, under typical liability insurance policies mental health ministers would be covered in the same way as any other person volunteeting to be involved in a parish ministry. To insure that they are covered under a parish or diocese insurances, mental health ministers must be working under the authority of the parish pastor or the diocese. Examples of ministerial activities which would typically be covered by insurance include: meeting with persons and listening to their accounts of mental health issues; praying with such persons; offering referrals to mental health professionals. Mental health ministers must avoid activities which could be construed as professional health services, e.g. diagnosis, evaluation, consultation, treatment or prescribing medications. 

Below are articles which adress this issue in more detail.

What Pastors Need to Know About Mental Health, Ministry, and Liability: How both legal experts and ministry leaders approach mental health issues in the church - Article from Church and Tax Law - April 20, 2022

Nally v. Grace Community Church of the Valley: Clergy Malpractice - A Threat to Both Liberty and Life - C. Grace McCaffrey, Pace Law Review Volume 11, Issue 1, Fall 1990, Article 4.

In addition, your Diocese may also require background checks and training for anyone involved in a parish ministry. A training program called VIRTUS is required in many US Dioceses. The VIRTUS module, Vulnerable Adult Training™ may be particularly helpful for mental heatlh ministry.  Please check with your diocese for specific requirements.

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CMHM's mission is fulfilled through offering mental health ministry resources and information, as well as encouragement, support, prayer, and community building/networking.  Any mental health ministry regulations and policies are set within and by each local church community, as with any other ministry.  The Association always recommends that mental health ministry volunteers follow all guidelines required by their diocese and parish.

In addition to following local diocesan and parish guidelines, the Association recommends and believes it is helpful for mental health ministers to participate with one or more of the following options for training and formation:

• an Introduction to Catholic Mental Health Ministry course (either through the University of San Diego or - as of this fall - through our website)
• the Sanctuary Course for Catholics 
• Mental Health First Aid Training
• their diocese's Safe Environment Training for Vulnerable Adults as mentioned above (where available)

Each of these resources helps ministers to clearly understand what mental health ministry is and what it is not, and how to safely maintain clear boundaries between ministry and clinical care.  Equipping mental health ministers with one or more of these opportunities for formation and training can allay concerns that a ministry team will cross the line from a spiritual accompaniment ministry into anything akin to professional clinical care.  When a mental health ministry serves within its spiritual accompaniment/ministry purpose, there should be no issues of liability. (Similarly to how there should be no liability concerns for a grief or bereavement spiritual accompaniment ministry.)

An additional resource helpful in promoting understanding is the "Scope of Ministry Volunteers" document shared with us by the Archdiocese of San Francsico.  You can review that document here.

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To further delineate the differences between Catholic Mental Health Ministry and clinical mental health treatment, each of our valued members agrees to the following statements when they join our Association:

1. I will not use my membership as a qualification or certifcation as a minister or counselor.
2. I will not use my membership as a qualification or certfication as a mental health professional.
3. I acknowledge that CMHM provides spiritual support to people living with a mental illness to assist them to live in holiness.
4. I acknowledge that CMHM provides spiritual support and comfort as families care for those living with mental illness.
5. I acknowledge that CMHM provides resources that allow clergy and ministers to care for those with a mental illness.
6. I acknowledge that CMHM will witness to authentic communion with the pope, local bishop, and the Church's apostolic goals.
7. I acknowledge that CMHM does not provide diagnosis, counseling, treatment, or medical or behavioral health support.