What the Law Says About Your Responsibility to Keep Kids Safe at Church

The ministry is in charge of taking care of kids' spiritual, emotional, and bodily needs. Kids are the future of any church. This job is not only a religious obligation, but it also comes with crucial legal responsibilities. There are a number of difficult rules and regulations that churches have to follow to keep kids safe, stop abuse, and make sure that complaints are handled quickly and correctly.

This long blog post talks about the laws that protect kids in churches, what churches need to do to follow them, and some practical things that churches can do to keep kids safe, create trust, and lower their risk of being sued.

Knowing the Law's Responsibility to Keep Kids Safe

The Duty of Care

The principle of duty of care is the most important part of child protection law. This means that churches have a legal duty to do what is reasonable and necessary to keep the kids they are responsible for safe from danger that they may see coming. This duty entails:

• Making sure that places are safe
• Good watching over youngsters
• Correctly screening and training personnel and volunteers

If you think someone is being abused or neglected, do something right away.

If you don't do this job, you could be sued for negligence or severe negligence. This could cost you money, ruin your reputation, and put your ministry at risk.

What You Have to Do by Law: Mandatory Reporting Laws

Who Should Report

In most places in the U.S., clergy, church staff, and volunteers who work with kids must tell the authorities if they think a child is being abused or neglected.

What Should Be Reported

There must be reports where there is a reasonable reason to think that:

• Using the body in a bad way
• Sexual assault or taking advantage of someone
• Abuse of feelings
• Not caring for someone or leaving them

Consequences for Not Reporting

If you don't report issues that you are supposed to, you could be charged with a crime, fined, and lose your job. Also, not doing anything puts kids' safety at risk and undermines the ministry's reputation.

Laws and Rules for a Safe Place

Some states mandate churches and other religious groups to have programs to make their environments safer. These programs include:

• Policies in writing to keep kids safe
• Checking the backgrounds of volunteers and staff, including screening
• How to see and stop abuse
• How to watch after kids and keep them safe
• How to keep track of things and report problems

It is also possible that denominational groups will demand or encourage certification or accreditation in safe environment programs.

Legal Risks: Not Watching and Not Keeping an Eye on

Not Paying Attention to the People in Charge

Churches could be accountable if kids get wounded because they weren't observed well enough. This includes not having the correct number of adults to kids or leaving them alone in risky situations.

Retention That Isn't Careful

If you don't take the proper precautions or set the right limitations, you could be sued if you keep volunteers or staff who are known or thought to be a risk to kids.

Things You Must Do to Follow the Law

1. Complete Policies for Child Protection
• Set explicit rules about what abuse is, how to stop it, and how to tell someone about it.
• Set rules about what kinds of interactions are okay and what will happen if they are broken.
2. A Lot of Checking of Volunteers and Staff
• Do thorough background checks by checking at criminal records, sex offender lists, and child abuse registries.
• Do structured interviews and check references.
3. Required Courses for Training
• Teach everyone who works in the ministry how to recognize abuse, how to report it, and how to keep people safe.
• Give people regular classes to help them remember things.
4. Watch Things Closely
• Make sure that the number of adults to kids is right for their age and what they are doing.
• Use the "two-adult rules" to keep people from being alone.
5. Check if the Facilities and Procedures are Safe
• Kids should check in and out in safe ways.
• Kids shouldn't be able to go to some places, and you should keep an eye on the amenities.
6. Respond Quickly and Clearly to Occurrences
• Quickly and privately look into accusations.
• Help the families who are affected and work with the authorities.

Creating a Safe and Responsible Place

It's necessary to follow the law, but ministries also need to make sure that safety is a top priority:

• Leadership's promise to and example of safe behavior
• Communication that is open and invites people to talk about difficulties and issues
• Pastoral care aids victims with the process of getting better.
• Regularly checking on and upgrading safety programs

Problems and Legal Issues

• Finding a way to keep investigations private and open at the same time
• How to handle the fact that different states have different standards for churches with more than one campus
• How to handle safety issues in online and digital ministry
• What to do with volunteers who have broken the law or are trying to get better

How to Help Ministries

Talk to a lawyer who understands a lot about church law every now and again.

Get training from your church and the people in your community.

Keep detailed records of all policies, trainings, events, and activities.

Make sure that the people in the church and their families know the safety guidelines.

The End

Keeping kids safe in church is a very significant legal requirement and a very important spiritual duty. Ministries can make safe, loving settings that families and communities may trust by knowing how the law perceives their job. Churches can do this holy responsibility with confidence if they have clear rules, good training, close supervision, and a caring response.

Links Inside

• Learn more about the church ministry's policy on keeping kids safe.
• Find out what our church's rules are for keeping volunteers safe.
• Find out about church risk management and waivers of liability.

Links

• Child Welfare Information Gateway – Faith-Based Organizations
• National Center for Missing & Exploited Children
• Darkness to Light – Child Abuse Prevention Training

This blog post is not legal advice; it is just meant to give you information. If you need specific legal counsel on how to protect kids, you should go to a church law attorney who knows what they're doing.