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Leadership

Youth Leaders In A Litigious Society: Be Warned!

GLORIETA, N.M. (BP)–Allen Jackson believes the landscape of
youth ministry has changed radically in the last decade.

Jackson, assistant professor of youth education at New Orleans
Baptist Theological Seminary and liaison professor with LifeWay
Christian Resources, told participants in Rec Lab at Glorieta
(N.M.) Conference Center, “Ten years ago we were just having fun
with kids. Today, we are in a litigation-happy society.”

While clearly identifying himself as neither an attorney nor a
legal expert, he told church recreation leaders he reads and
collects information about legal issues related to youth
ministry.

“I want to raise consciousness,” he said. “Until the past two
years, clergy have been insulated from tort [civil] liability.
We’ve never been absolved from abuse, but until recently court
cases that targeted ministers hadn’t been successful.”

Jackson encourages those who lead youth ministry to get legal and
insurance counsel from professionals. But to raise awareness he
has developed a list of “Ten Commandments for Youth Ministry:”

1) Keep your character above reproach in everything. Character is
the best defense against false accusations. If one’s integrity is
intact, it is the best preventive strike against litigation.

2) Be aware of “safety sins:”

— Not enough staff (on trips, one adult to every five
gender-separate youth.).

— Too many youth in a vehicle. Accommodate no more people than
seat belts in the vehicle.

— No time to plan for safety. Think through an event.

— No plan of action to respond to an emergency, including
callback systems and meeting places when participants become
separated from the group. Plan a site visit to find emergency
services.

— Students driving.

— No use of seat belts.

— No First Aid training or supplies.

— Inadequate paperwork.

— Allowing a dangerous activity to continue.

— Unsupervised use of equipment.

3) Know your insurance coverage under the church plan. Understand
“driving out from under coverage,” such as driving into a country
where your insurance may not be valid or where laws may be
different or modifying equipment, including adding a trailer
hitch to a van. Note exclusions, such as no coverage for water
skiing or snow skiing. Check with the host organization to
determine their coverage. Know if your coverage is adequate.

4) Screen volunteers for qualifications and background. Have two
adults in supervision. Protect sight lines by having glass doors
or open doors. Have a formal screening process. Be wise about
one-on-one contact and equip volunteers.

5) Make sure business and ministry agreements are in writing (for
example, who is responsible for bus drivers’ expenses).
Handshakes make good greetings and bad business. Keep notes on
counseling situations and parent meetings, if appropriate.

6) Avoid using the word “counselor.” Provide spiritual advice,
but don’t write “counseling” on your calendar. Courts distinguish
between spiritual advice and counseling. Counselors today must be
certified. Use the terms “chaperone” or “sponsor” for volunteers.
Know when it is time to refer youth to a certified counselor.

7) Stay current on vehicle laws, including license requirements
and displaying vehicle identification. Know the liabilities in
owning versus chartering or renting vehicles.

8) Have firm guidelines regarding trips. Youth without permission
forms cannot participate. Enlist a lead female if you are a male;
enlist a lead male if you are female. An advance site visit is
not optional; it is a requirement. Stick with your plan. Do not
add unplanned side trips.

9) Put your policies in writing and distribute them. Provide a
youth ministry manual to parents. Host parent meetings. Have trip
and discipline guidelines. Outline non-negotiables for
volunteers.

10) Keep up to date on evolving issues. Have a yearly insurance
checkup. Know the law about access to schools. Have current
medical release forms.

In other matters, Jackson said youth ministry leaders should know
about copyright infringement, property and equipment issues and
sexual harassment.

And, finally, he reminded Rec Lab participants, “Permission slips
and good intentions are worthless if negligence is proven.”

[Baptist Press 15 February 1999]

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