Key Takeaways:

• The safety and well-being of children and youth should be at the heart of any church governance system.
• Protecting minors from abuse and other dangers begins with establishing effective, comprehensive policies tailored to the programs, activities, and risks in the church.
• Church policies should outline clear measures for preventing, reporting, and responding to incidents of misconduct.
• To prevent risks and legal liability, churches should develop policies that are consistent with industry standards and pertinent state and federal laws, protecting minors.

Children and youth are among the most vulnerable church members. The importance of developing and enforcing sound, tailored policies remains, without question, a top priority.

In addition to protecting minors from abuse and other dangers, implementing an effective policy fosters trust with members, helps satisfy insurance requirements, and safeguards the church against ethical and legal liability.

This article examines the key considerations for developing church policies to safeguard minors, enabling your church to become a safe, nurturing, and inclusive environment for children.

Understanding Child Protection Standards

Just like other child-and-youth-oriented organizations, churches are held legally liable when a child in their care is injured, abused, and otherwise harmed due to negligent supervision or hiring, unsafe premises, and unaddressed risks. The church would be liable for damages if litigation leads to a finding that a breach of standards, stemming from a lack of adequate and well-disseminated policies, was the proximate cause of the harm.

It’s common for churches to leverage external templates and resources when developing their policies, for instance, the GuideOne Insurance SafeChurch child protection policy and materials from other congregations. Still, developing policies tailored to the programs, activities, and risks within your church provides stronger legal safeguards and coverage.

In addition, church governance policies must be consistent with the professional standard of care and state and federal laws protecting minors from abuse, harassment, intimidation, bullying (HIB), disability discrimination, injury, and other dangers. Legal experts assist churches in creating comprehensive policies that duly integrate relevant child protection standards.

Let’s examine the fundamental elements of church policies to safeguard minors.

Incident Awareness and Prevention

Churches should adopt a proactive stance instead of a reactive one in child protection by establishing measures that anticipate and prevent risks.

Definition of Incidents

Church governance policies can’t afford ambiguity. Members need to know what is expected of them and what is prohibited. Church policies must delineate inappropriate behaviors or conduct, such as grooming, all forms of abuse, harassment, hazing, bullying, prohibited touching, and substance use. Since definitions often vary across state lines, it helps to consult with a legal expert for current definitions and nuances.

Policies for Selecting, Screening, and Training Staff

Church leaders, volunteers, and staff members with substantial contact with minors must be held to a higher standard. Outline the criteria for staff screening and selection. This typically includes:

• The six-month rule — requiring applicants to have been involved with the church for a minimum of six months
• A written and signed application indicating experience with children, previous affiliation, references, and employment history
• Personal interviews
• Reference checks
• Criminal background checks

Mandated staff training about church policies and laws protecting minors from abuse and other risks is central to practical implementation. Staff members need to be trained on supervisory responsibilities and methods related to the age of children and the activities in which they participate. Setting policies for teenage staff is also necessary.

Supervision Policies

Negligent supervision is a recurring issue in legal actions brought against child- and youth-oriented organizations. Church policies to safeguard minors must outline how staff should supervise children at all times, identify foreseeable dangers, and take reasonable action.

Define how children should be supervised in various church-sponsored activities and programs, including guidelines for safety in facilities, playgrounds, summer camps, church transportation, daycare, nurseries, and nighttime events. Again, following supervision standards grounded in laws protecting minors and the professional standard of care is critical.

Fostering proper interactions between staff and minors is fundamental to good church governance. Some church policies for appropriate supervision and interactions are:

• Two-deep leadership — prohibit or limit one-on-one interactions and require at least two unrelated staff members supervising children at all times.
• Visible interactions — outline visibility requirements, such as opening all doors during one-on-one meetings.
• Child-to-staff ratios — define a reasonable child-to-supervisor ratio depending on the number and age of children, nature, and activities involved.
• Restroom protocols — indicate reasonable procedures for escorting and supervising children when using the restrooms.
• Nighttime events should indicate reasonable child-to-staff ratios and sleeping arrangements that separate minors from staff.

Open Communication Policies

Responsible church governance demands fostering open lines of communication between minors, parents, staff, and church leaders. Church policies to safeguard minors should help children and parents feel safe and know that they can report issues without retaliation.

Parental Involvement Policies

Define guidelines for how parents should get involved in protecting minors from abuse and other harm. For instance, when to provide consent, check-in and check-out protocols, and so forth.

Reporting and Responding to Incidents

Church staff members and leaders must act promptly and reasonably on any knowledge of child abuse or harm. Indifferent or inadequate responses to suspected, observed, or reported incidents can create a hostile environment and raise liability issues. Effective church governance policies include clear procedures and protocols for responding to incidents in a timely and efficient manner. Some of these are:

Mandated Reporting Policies

Mandatory reporting is grounded in state and federal laws protecting minors from abuse and other harms. Church policies should specify who is required to report any allegations against church staff and leaders, establish reasonable reporting timelines, and outline to whom the issue is reported, including relevant civil authorities.

Policies for Assistance For Victims

Outline the procedures for helping victims of abuse or harm, for instance, listening to the child without judgment or interruptions, and putting the alleged offender on leave and away from the premises until the matter is resolved. For injuries, this may involve emergency protocols, such as administering first aid, calling an ambulance, and notifying the family immediately.

Discipline Policies

It’s essential to outline how offenders will be handled, including both acceptable and unacceptable punishments, such as corporal punishment, flogging, shaking, yelling, and insulting.

Other Important Considerations

Developing church policies to safeguard minors without correct implementation leaves you legally exposed. Churches should ensure their policies are accessible and well-disseminated. Consider posting on social media, websites, and prominent church areas, and educating all members on expectations, procedures, and protocols.

Safeguard Your Church with School Liability Expert Group

Developing comprehensive, tailored church policies is a crucial first step toward protecting minors from abuse and other harms. To fulfill their mandate, churches must understand the legal and ethical requirements for operating reasonably and prudently. However, the lack of direct oversight and clear-cut standards to work with makes policy development a challenging process for many churches.

At School Liability Expert Group, we’re a court-qualified education expert witness team that helps child- and youth-oriented organizations prevent risks and liability issues. We review church policies and practices, train staff, and provide quality recommendations to ensure compliance with laws that protect minors from abuse and other forms of harm. Book a call today to talk with an expert and safeguard your church.