The 7 Building Blocks of the 21st Century Church
2. Children Ministry – Handle with Care
This point cannot be more strongly made: the Church faces enormous potential legal liability in the area of Children’s Ministry. Many studies show this to be the number one category that brings liability claims against the Church.
Three major areas of concern for our clients are:
· Prevention of accidental injury
· Prevention of the spread of disease
· Prevention of child abuse
The most dangerous aspect of children’s ministry is the specter of child abuse.
Churches, being by their very nature trusting and accepting organizations,
are targets of child molesters. In the past two decades, countless churches
have been sued for the sexual molestation of minors by church employees
and volunteers. The lawsuits are generally based on two theories: (1)
negligence in hiring the individual perpetrator without adequate screening
or evaluation, or (2) the church was negligent in its selection and supervision
of the alleged perpetrator, whether an employee or a volunteer. As a result
of the frequency of claims, the public sometimes assumes the church and
its staff to be “guilty until proven innocent” of any allegations automatically
creating legal liability, instead of the other way around. Hence, the Church
needs to find the proper balance between protecting the children under
its care and also attract and keep qualified volunteers.
Seven Questions about Your Church’s Children’s Ministry
Has a qualified professional reviewed the Church’s liability insurance
policy to determine whether or not the Church has coverage for
acts of molestation occurring on church property or during church
activities, and if so, whether the coverage is limited in any way?
Has the Church adopted effective policies and procedures for the
hiring and selection of church employees and volunteers? The
Church Law Group has developed the “S.T.O.P.” program contained
in The Guardian System to help its client’s Screen, Train, Operate
and Plan to respond to situation where allegations of abuse arise.
Has the Church reviewed its activities with a risk management specialist
to determine how your Church’s risk profile can be reduced?
Has the Church adopted a communicable disease policy and trained
its volunteers and employees?
Has the Church conducted first aid training for its employees and
key volunteers?
Does the Church have policies and procedures for the use of its playground,
for off-site trips, youth meetings, and other programs?
Who is responsible at your Church to make sure the policies are
actually followed? As a way of self-examination, assume the
Church has been sued for not providing a safe environment for
these various church activities. Is there someone on the staff
who acknowledges responsibility in that area and can defend church
practices or is there finger-pointing and blame-shifting? The time
to find out is before a real complaint is made.
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Building Blocks 