1.1 Commitment to Good Governance

The Organization maintains a commitment to overall good governance and has governing, legal, and spiritual documents in place.

Useful governance documents may include the Constitution, Bylaws, Statement of Faith and Beliefs, Code of Conduct, and Lifestyle Statement(s). These might include theological statements on marriage, gender identity, final authority, etc.

The Organization should reflect a commitment to healthy governance through a board that regularly meets to address governance matters, is committed to governance training, and with directors who each actively participate in board meetings.

Articles of Incorporation, Charter, Constitution, Bylaws, Statement of Faith and Beliefs, Code of Conduct, or Lifestyle Statement(s)

Board meeting dates and meeting minutes (with attendance records)

Board development plan, including orientation and training

1.2 Value Statements 

The Organization maintains spiritual and biblical value statements that define its commitment to protecting Children as image bearers of God. These values are reflected in standards including Codes of Conduct, defining sexual or abuse-related offenses as unacceptable, maintaining acceptable boundaries with and among Children and Workers, and including clear spiritual guidelines. 

See Indicators 1.10 and 4.1

Applying biblical standards, the Organization should address gender identity and possible sex transition issues consistently with its documented theological statements and in a way that keeps Children safe. 

Note: ECAP Youth and Children’s Worker Code of Conduct.

Examples include: 

• Appropriate and inappropriate touch;
• Appropriate and inappropriate communication between an adult Worker and a Child;
• Avoiding one-on-one interaction in a private space with a Child not one’s close relative;
• Three rules for self-protection: to recognize inappropriate behavior, resist uncomfortable situations, report when the Child feels unsafe;
• Boundaries and personal space.

Organizations may also check with their insurer to see if additional requirements apply. 

Value Statements regarding the value of Children in Child Protection Policies

Code of Conduct that defines abuse as unacceptable, and other clear guidelines.

1.3 Instituting a Child Protection Program & Appointing a Child Safety Coordinator and Child Safety Team

The Organization Board institutes a Child Protection Program and approves policies and procedures. These policies and procedures outline roles and responsibilities related to Child protection for the board members, executive leadership, and Workers.

The Organization appoints a qualified Worker to serve as Child Safety Coordinator, and establishes a Child Safety Team to maintain and oversee the Child Protection Program.

Suggested Best Practice:

Identify a qualified Worker who is designated Child Safety Coordinator alternate.

Note: The Child Safety Coordinator should be appointed by leadership to champion and help ensure that the Child Protection Program is operating as intended and sustained. The Child Safety Coordinator should meet criteria for a Children’s Worker and lead the Child Safety Team. 

The Child Safety Team may include representation from leaders within the Organization, Child Safety Coordinator, Workers, Parents, and other organizational stakeholders. 

We also advise board overseers to receive some measure of Child Safety Training, in order to be best informed on these issues. 

See Indicator 5.7

Documented Child Safety policies and procedures

Policies and Procedures define roles and responsibilities of 1) board members, 2) executive leadership, and 3) Workers.

Child Safety Coordinator and Child Safety Team are appointed (documented), with oversight responsibility of the Child Protection Program.

1.4 Insurance Policy in Place

The Organization is insured by (i) a general liability policy and (ii) Sexual Abuse/molestation coverage, each with appropriate coverage limits.

The Organization’s protocols are to maintain records of insurance policies and claims information permanently and securely, as part of the Organization’s Record Retention policy.

Appropriate coverage limits will depend on the size and type of each organization. The amounts may change per industry standards (coverage for comparable organizations), and they may fluctuate depending on inflation and other economic conditions.

Insurance policy coverage types and amounts should be sufficient for the risks involved with the Organization’s program activities and facilities, based on recommendations from the Organization’s insurance provider.

Documentation of (i) a general liability policy and (ii) Sexual Abuse/molestation coverage in place.

Documentation of industry standards concerning these insurance policies for the individual Organization.

Records of insurance policies and claims are securely retained.

1.5 Policy & Procedure Review

The Organization provides for annual review of policies and procedures and compliance thereto, by the Child Safety Team with results provided to the Board.

Suggested Best Practices:

• These review measures may include Board review, staff review, legal review, or other consultant review, particularly to ensure legal compliance and to address any updates in legal areas, insurance coverage considerations, and best practices.
• The review may allow for a multi-year cycle with a certain percentage of Child safety policies and procedures to be reviewed each year.

Policies require annual review of policies and procedures and compliance by the Child Safety team.

Evidence of annual review reports (with dates) and minutes from Board meetings (with dates) indicating annual review results were submitted to the board.

1.6 Personnel Record Management 

The Organization maintains Personnel records of employment and other related work materials for every Worker, including application, consent forms, interview notes, reference checks, waivers, background check, signed policies, training records, and discipline. 

Documents are kept in a secure, locked cabinet, or, if kept electronically, are stored securely and backed up on a regular basis.

Suggested Best Practice:

The Organization may prioritize data privacy including compliance with applicable statutes.

The Organization retains files according to employment best practices in the applicable jurisdiction. Additional information about performance review, training, or discipline will be added to the file over time.

The Organization maintains accurate records of interviews, including time and location, names of people in the interview, general notes from the interview, and answers to a standard set of questions (see Indicator 3.9).

Personnel records (application, consent forms, interview notes, reference checks, waivers, background check, signed policies, training records, discipline) for all employees and workers are documented and accessible.

Records are stored in a locked cabinet or stored on a server securely and regularly backed up.

1.7 Child Abuse Record Retention 

Any allegations of Child abuse, investigations, incident reports, or inquiries are documented, and the files are maintained permanently, securely, and confidentially.

Note: The statute of limitations on Child abuse litigation varies in different jurisdictions and continues to change.

Documents may be maintained electronically or in hard-copy versions, but all such storage should comport with objectively reasonable security measures.

1.8 Participant Record Retention

As applicable, participant, student, or camper records should also be maintained.

Student, camper, or participant records may include registration, waivers, applications, check in/check out records, or other related documentation that includes program activities, dates, and contact information.

Suggested Best Practice:

Organizations should seek professional legal advice regarding the length of time they should retain such records. If approved by an attorney, organizations should consider implementing a standard 10-year digital record retention policy.

1.9 Commitment to Child Safety

In policies and procedures, the Organization sets forth an explicit commitment to take reasonable measures to manage safety for Children in the Organization’s care, take reasonable measures to protect Workers in Children’s ministry and respond appropriately to allegations of abuse or Child Neglect.

The Organization maintains a Zero Tolerance policy for Child Sexual Abuse. The Organization will terminate any Worker who is a Child Sexual Abuse offender who has admitted to, had a finding of, or been convicted of Child Sexual Abuse.

Organizational awareness of any prior abuse allegations may help current leadership understand the importance of Child safety standards and measures, consistent with the ECAP accreditation process.

Suggested Best Practice:

The Organization may decide to form relationships and agreements with multiple outside resources as needed for guidance, response, and care concerning the safety of Children.

1.10 Policy & Procedure Agreement

Governing Board members and Workers must understand and agree in writing to the Organization’s policies and procedures surrounding Child safety.

Suggested Best Practice:

This commitment may be agreed upon in writing annually. This may be in the form of an annual disclosure statement.

Such measures should include a written acknowledgement and agreement to comply with Organization’s Child safety policies and procedures by Workers who care for Children.

See ECAP Child/ Youth Worker Code of Conduct acknowledgement form. 

1.11 Outside Organization Compliance

The Organization requires that any outside or unaffiliated organization, such as churches and other ministry groups with participating Children, confirm that it has and complies with Child Protection policies and protocols.

Required Facility Use Form for outside users. Evidence that these Facility Use Forms are used with date and signature of leader or officer.

Facility Use Forms include an acknowledgement and signed agreement to comply with the Child Protection Plan.

1.12 Definitions of Abuse

Policies contain clear and accurate legal definitions of abuse, Child Neglect, and maltreatment.

See ECAP Resource, “Definitions” for additional detail.

Check or reference state or jurisdictional definitions of abuse.

1.13 Internal Complaint Policy

The Organization maintains an internal complaint policy that involves a publicly shared communication channel for receiving complaints, and an internal review team that will evaluate and manage complaints.

Policy

Complaint communication channel

Communication of complaint channel such as phone number or email.

2.1 Access Control and Safety in Children’s Areas

The Organization ensures that designated Children’s areas are well-lit and fully visible in appropriate physical space.

Age-appropriate access controlled areas are managed by check-in and check-out procedures with attendance being recorded, as necessary.

The Organization’s signage indicates appropriate locations to pick up and drop off Children. Workers are trained to know appropriate locations and procedures for pick up and drop off.

Suggested Best Practice:

• Ideally, restrooms will include facilities designed for small Children. Consider checking local/state licensing rules as far as the amount of space needed per Child.
• The Organization requires windows as appropriate, with guidelines as to appropriate privacy for the activity involved (e.g., clear, frosted, one-way mirror, or reflective).
• The Organization implements safety measures, eliminating access to any potential hiding spots. This includes (but is not limited to) closets, empty rooms, under bleachers, restrooms, hedges, fences, signs, and using mirrors on walls around corners.

Designated Children’s space is well-lit and fully visible. No places for children to hide or for adults to isolate a child within the access-controlled area.

Designated Children’s space is access-controlled, and managed by check-in/check-out procedures with documented attendance and check-in/check-out dates and times.

2.2 Visitor Access Policies

The Organization’s policies address visitor access to designated access control areas. Visitors are visibly identified by the Organization.

See Indicator 2.1

Visitors include Parents, general visitors, vendors, contract workers, and guests.

Suggested Best Practices:

• The Organization communicates expected conduct, appearance, and any limitations on access within the property.
• The Organization requires such visitors to sign a statement acknowledging the protocol before accessing. Signed statements are maintained in the Organization’s files.
• The Organization provides appropriate identification (such as a badge or name tag) that will be worn at all times while in access controlled areas.
• The Organization obtains background checks for visitors who are regularly onsite for activities involving Children.

Based on frequency of visiting, further screening may be necessary.

Additional procedures may include:

·       All necessary background checks are completed;

·       Visitors must never be alone with a Child who is not their close relative

Policies address visitor access, including access to Children, check-in/check-out, and visible visitor identification.

Visitor sign-in sheets, name tags, and other supplies are present at access control check points.

2.3 Restroom and Hygiene Policies

The Organization’s policies address restroom privacy and accessibility, based on age appropriateness. This would include diapering policies for babies and younger children.

Suggested Best Practice:

Organizational policies may state that adults should not be one-on-one with Children in a private space, and they may provide guidance about peers being together in the restroom.

See Indicator 4.8

Hygiene and health matters are important and may be customized depending on Children’s age ranges (e.g., babies to be diapered, younger Children with toileting and other needs, older Children with more independence).

Documented restroom and diapering policies for babies and younger children.

Facility restrooms provide privacy, with locking doors, based on age appropriateness.

2.4 Worker Ratios

Policies define appropriate Worker/Child ratios.

2.5 Minor Worker Supervision

Organizational policies require that minor Workers serving Children are to be supervised by another adult Worker.

2.6 Facility Monitoring

The Organization takes reasonable measures to monitor the premises.

2.7 Technology Use Monitoring

The Organization ensures that access to the Internet and other technology within the Organization are appropriately controlled to provide for the safety of Children. Use of technology will be properly monitored.

Wi-Fi password protection and/or content blockers may help control access.

Electronic device use policy may restrict digital access at specified times or during designated events.

Recommend prohibiting electronic device use during overnight activities.

Suggested Best Practices:

Wi-Fi password should be changed monthly, quarterly, or periodically.

Policies reflect rules for technology use.

The Organization’s technology has content blockers.

Workers are trained on how to handle if technology is being used inappropriately by another Worker or Child.

2.8 Child Safety for Special Events

Organizational policies include appropriate provision for special events that may be open to the public.

Special events include annual, seasonal programs, such as graduations, Vacation Bible School (VBS), performances, recitals, etc.

Suggested Best Practice:

Public-access events should be appropriately monitored just as with other Organizational activities, including clarification of when a Child’s Parents remain responsible.

Such a process should reflect similar safety precautions as used for regular attenders.

Special events and activities should have a formal process for Children to register.

See ECAP Article, “Child Safety for Church Special Events.”

2.9 Use of Pictures/Videos of Children

The Organization’s policies address ministry use of picture and video images of Children.

Suggested Best Practice:

Such matters may be addressed through consent and waiver forms, disclaimers in bulletins, programs, and/or website statements.

2.10 Ministry Pre-Approval for Offsite Activities

Organizational policies identify when ministry offsite activities must be pre-approved by designated leadership.

Organizational policies clarify that the ministry Child safety standards apply only to pre-approved, ministry-sponsored offsite activities, and that Parents are responsible for their own child safety measures when engaging in activities that are not so expressly authorized.

Suggested Best Practices:

Such identification should include selection of any overnight accommodations.

Clarification may be important particularly for home or other community groups, as further addressed in Indicator 2.16.

Ministry pre-approval should additionally apply to selection of any overnight accommodations for ministry offsite activities involving overnight stays.

Policies clarify when offsite activities must be pre-approved by designated leadership.

Policies clarify that Child safety standards are applied to offsite activities when approved by leadership, and that Parents retain responsibility for Children when not authorized by leadership.

2.11 Parent Notification for Offsite Activities

Organizational policies require Parents to be notified prior to offsite activities.

• Parents will be notified of offsite events in writing (such as by email)prior to said events.
• Parents will be advised of identified risks, precautions, sleeping arrangements, transportation, supervision, and other relevant information.
• Parents must sign a waiver and release of liability as part of the permission form, including medical information/permission as needed.

Suggested Best Practices:

• Parent notification should be provided at least one week in advance.
• It is recommended that the Organization predetermine how to handle over-the-counter medications and prescription drugs.
• Note that waivers and releases may not be legally enforceable with respect to Children, but they are nevertheless recommended. Such forms can provide valuable information to families, deter potential adverse claims, and provide evidence of a knowing assumption of risk in any later litigation.
• An event-specific consent and waiver form is appropriate for each offsite trip/event, with particular identification of any notable risks or recommended precautions (e.g., strenuous exercise involved, safety equipment needed). A digital format may be used for the completed form.

Policies require notification of Parents prior to offsite activities.

Emails, letters, flyers providing information regarding offsite events.

2.12 Document Accessibility for Offsite Activities

When conducting offsite activities, relevant forms must be accessible to those Workers supervising offsite trips.

Such information may be especially important for medical care authorizations and medication handling. Volunteers and staff should also be provided with all relevant contact information for carrying out offsite activities.

See Indicator 1.8

Policies indicate the relevant forms for offsite activities, and require Workers to have these readily accessible, either digitally or physical copies.

Examples: Medical forms, waivers, emergency contact information, insurance details, and organizational emergency contact instructions.

Workers serving on offsite activities are trained on handling relevant forms.

2.13 Supervision for Offsite Activities

Organizational policies require appropriate supervision for Children, including appropriately adjusted ratios of Workers to Children for offsite activities.

See Indicator 2.14 for Overnight Activities

Suggested Best Practices:

• The Organization may consider special arrangements to protect Children in particular circumstances, such as line-of-sight arrangements for bathroom facilities and sleeping rooms.
• With respect to overnight lodging arrangements, the Organization may require that adults in the host home complete screening and training for Child safety.
• Overnight lodging arrangements should include separating host homes by gender and age grouping and ensuring that sleeping arrangements are separate from the other adults in the household.

2.14 Policies for Overnight Activities

Organizational policies require the following regarding overnight activities:

• Gender-appropriate supervision must be provided.
• Children are not allowed to leave the overnight event. Any exceptions are noted on the signed permission form.
• Adults traveling with the group must be screened and trained Workers.
• Sleeping areas for Children must be separated by gender and age grouping.

• Children should not be left alone in hotel rooms.
• An adult not closely related must not be alone with a minor in a room.

Suggested Best Practices:

• The Organization may have additional requirements, such as requiring Workers to be unrelated, or requiring that overnight activities with mixed genders must be supervised by at least two Workers of opposite gender.
• For common sleeping areas, an appropriate number of screened Workers (at least two) should be assigned. This number will vary by type of Organization/event.
• The Organization may include in its policies that during overnight events, Children of the opposite gender should not be allowed in each other’s rooms or lodging accommodations for any reason.
• Depending on the situation, the Organization may decide that sleeping areas for Children should be separated from those of adults, and that Workers will not sleep in the same bed with a Child unless closely related to theChild.
• Some recommendations for housing include:
  • Booking rooms in one wing in hotel/motel;
  • Encouraging Parents to accompany groups and stay as families;
  • Booking suites of more than one bedroom so that Workers can stay in one room and Children in the other;
  • Having rooms with adjoining doors with adults in one room and Children in the other.

• Note that applicable state and local laws may mandate Parental screening and training.

2.15 Transportation Policies 

Organizational policies provide guidance on transportation of Children.

• Parents are encouraged to drop off/pick up at the event location.
• Policies should address ways to transport Children for Child safety.

• Workers who transport Children not related to them on behalf of the Organization are approved by leadership for Child safety.
• The Organization obtains a copy of a valid driver’s license for each driver.

Suggested Best Practices:

• Check with the Organization’s insurance company on transportation requirements.
• Prohibit Children from being left alone in a vehicle and prohibit adults from being alone in a vehicle with a single Child not their own Child (with exceptions for medical emergencies).
• No fewer than two Workers should be in each vehicle transporting Children; exceptions to this policy should only occur when leadership and Parents are informed and there is more than one Child in the vehicle (avoiding isolation).
• Drivers should have at least five years of driving experience in good standing (as evidenced by a driver history check).
• Check with your insurance carrier on your organization’s driver coverage during official capacity and the need for documentation of the driver’s personal insurance coverage.

2.16 Home/Small Group Policies 

Organizational policies require the following regarding home/small groups:

• Small groups must be approved by leadership.
• Childcare Workers must be screened and trained.
• Parents must be notified of activities that Children will participate in, including games, activities, or any media that will be viewed.

Suggested Best Practices:

• Organizational policy may state that for small groups, one of the following criteria are recommended:

o   Approved ratios of Workers are supervising Children.

o   When families attend with their Children, the Parent is responsible for the care and supervision of his or her Child, whether the Child remains in the same room as the Parent or in an alternative location in the home.

o   Either two Workers are assigned to supervise the Children, or one Worker supervises while a second Worker monitors periodically during the event.

• Particular attention should be given for any potential safety concerns regarding interactions between older and younger Children.

• For small groups, taking attendance and retaining attendance records is recommended.
• Clarifying information is contained in written policies or protocols communicating that Parents in offsite home/small groups that are not pre-approved, ministry-sponsored offsite activities are responsible for their own childcare arrangements and related safety considerations.

Policies require these guidelines for home/small groups.

List of approved events and activities are maintained on record.

List of screened and trained Workers are retained on file.

2.17 Parent Notification of Child Safety Program and Abuse Prevention Policies

The Organization communicates via emailed letter or other formal communication to Parents an overview of the Child Safety Program and how to provide age-appropriate abuse prevention education for their Children.

The Organization maintains clear guidelines for specific information to be included in such communication.

Suggested Best Practices:

Such communication may include the Organization’s abuse reporting policy, offsite and social media policies, home visitation policy, and Worker Code of Conduct.

The written communication may also include: the definition of abuse, characteristics of the grooming behavior of predators, how to prevent abuse, how to respond and report abuse, how to discuss prevention and abuse with Children, information about bullying and cyberbullying, and contact information for the Organization.

The Organization has a prepared letter that is sent out to Parents that provide an overview of the Child Safety Program.

This letter is sent out on a regular basis to Parents. This may be annually, when first registering for program activities, start of school, etc.

3.1 Worker Screening

The Organization screens all Workers.

See Indicator 3.12

• Note that a background check requirement may not apply to Child Workers due to typical confidentiality of Children’s criminal background information.
• As part of the screening process, the Organization may include methods to determine whether its Workers meet the spiritual standards required to serve.

Record of screening and screening results for all Workers.

Testimony from Workers confirming screening process.

3.2 Worker Screening Process

The Organization implements a robust process for screening Workers before having access to Children.

Policies contain clear and accurate descriptions of the roles and responsibilities of all Workers, including screening requirements.

Policies require Workers to notify the Organization if anything has changed regarding their qualification to work with Children.

See Indicator 3.14

The Organization may require an annual renewal application requesting information regarding any arrests or convictions within the prior year. Failing to disclose may be cause for disciplinary action including termination. It is recommended that the Organization makes sure to comply with state laws about criminal history in implementing such a requirement.

Screening process for Workers is documented.

Policies and training prohibit access to Children before the screening process is completed.

Policies accurately describe Workers’ responsibilities, including screening requirements, and require Workers to notify the Organization concerning potential change in qualification to work with Children.

3.3 Volunteer Waiting Period

The Organization maintains a stated policy addressing how long a prospective Volunteer must be associated with the Organization before being allowed to work with Children. The appropriate waiting period may depend on the needs of the ministry.

Child Protection training may be conducted during this waiting period.

Suggested Best Practices:

• Six-Month Rule—A prospective Volunteer is required to attend programming at least once a month. The six-month rule allows at least six opportunities to observe this individual. This may be reduced to three months, depending on the needs of the ministry (especially church plants and fast-growing ministries).
• Independent references from a prior ministry immediately before attending the Organization may reduce the need for a full waiting period if the affiliated ministry is similar in beliefs and structure or is of the same denomination.
• It may be an option for someone to shadow a Worker under their direct supervision for the waiting period, or part of it.

Policies define a Volunteer waiting period.

Testimony of Workers that indicate sufficient waiting period.

3.4 Applicant Identity Verification

The Organization’s written application calls for full information on legal name and current physical address, as well as places of residence for at least the previous five (5) years. The applicant’s identity is to be verified by checking a government-issued photo ID.

Suggested Best Practice:

The Organization may retain a copy of the applicant’s photo ID as part of the application materials.

It is recommended that the Organization accept only “REAL ID Act” compliant ID’s.  Old IDs are more easily falsified, and the REAL ID Act sets federal standards for design elements to ensure valid IDs. Find out more here: https://www.dhs.gov/real-id/real-id-faqs

Written application requires legal name, current address, places of residence for at least the previous 5 years.

Copies of government-issued photo ID are retained with written applications.

Examples of completed applications with the above requirements are retained.

3.5 Applicant’s Work & Volunteer History

The Organization’s written application calls for the applicant’s work and volunteer history for at least the previous five (5) years.

Written application including but not limited to the following information:

• Name and address of Organizations;
• Name, phone, and email address of supervisors;
• Nature of position;
• Duration and reason for leaving.

Written application requires work and volunteer history for at least the previous 5 years, including the name and address of Organizations, the contact information of supervisors, the nature of position, and the duration and reason for leaving.

Examples of completed applications with the above requirements are retained.

3.6 Applicant’s Reference Checks

The Organization’s written application requires two to four professional and personal reference checks.

Suggested Best Practices:

• The Organization may require the applicant to sign a waiver of liability so that the reference can answer questions candidly.
• The Organization may ask for the following references (with name, address, phone, and email):
  • Professional reference (current or former supervisor, co-worker, person in the same field);
  • Personal reference (pastor, friend, teacher, coach);
  • Reference from a family member (though this may not be reliable in some cases); or
  • Reference from a person of the opposite gender.

• The Organization may request the reference to provide an additional reference as an additional safeguard and to avoid insularity.

Written application requires two to four professional and personal reference checks.

Examples of completed applications with the above requirements are retained.

Documentation or notes of the Organization following up on reference checks during an applicant’s screening process.

3.7 Applicant’s Character Checks

In the application process the Organization calls for relevant information related to spiritual character, including questions about sexual morality and substance abuse.

Such areas may be addressed through the interview process or in a written application.

Note: ECAP Youth and Children’s Worker Screening Questionnaire

See Indicators 3.14 and 3.15

Suggested Best Practices include the following:

• Moral history disclosures may be requested consistent with Indicators on Negative History.
• An applicant’s use of pornography may indicate potential risk to Children, and disclosure of any use of Child pornography should immediately disqualify any applicant.
• The application may include relevant questions regarding areas that could indicate a potential risk to Children.
• Consider screening the applicant’s social media activity

Note: Some states have “ban the box” and similar laws that prohibit pre-employment inquiries about criminal backgrounds. These laws apply only to Employees, not Volunteers. For Organizations in such jurisdictions, inquiries may be made only after an Employee is hired. A satisfactory result should be a condition for continued employment with the Organization. (This issue is similar to Employee drug testing.)

Application process requires information from the applicant related to personal spiritual character

Examples of completed applications with the above requirements are retained.

Notes captured from interviews should be recorded and stored in Worker files.

3.8 Standard Reference Check Questions

The Organization uses a standard set of questions in reference checks. The Organization will evaluate responses from references for “red flags.”

See Indicator 4.14

Suggested Best Practice:

Prepared questions for references may include the following:

• How long have you known this applicant?
• What is your relationship to this applicant?
• Would you be comfortable placing your Children in the care of this applicant?
• Have you ever heard of or known the applicant to use harsh and/or abusive language with a Child?
• Is this person stable and spiritually mature in interactions with others, with reliable character?
• Do you feel this applicant has the ability to follow rules and guidelines?
• Would you work with this applicant again?
• Are you aware of the applicant having any traits or tendencies that could pose a threat to Children or others?
• Are you aware of any reason why the applicant should not work with Children or others?
• Is there anything in the applicant’s lifestyle or past that would call into question his or her ability to work with Children or others?
• Anything else you would like to share about this applicant?

A standard set of questions for reference checks are documented.

Documentation of the Organization using these questions during the screening process.

3.9 Standard Interview Questions

The Organization maintains a standard set of questions to be used in interviews.

Note: ECAP Youth and Children’s Worker Screening Questionnaire

See Indicator 1.6, 3.14, and 4.14

A standard set of interview questions is documented.

Documentation of using the standard set of interview questions in the screening process.

Interviews conducted on all applicants within 12 months of audit.

3.10 Provision for Personal Interview Exceptions

The Organization provides for exceptions to personal interviews in limited circumstances.

The Organization defines acceptable reasons for exception.

Documentation for exemptions are recorded in Worker files.

3.11 Background Screening Provider Selection

The Organization selects a reputable background check screening provider on the basis of generally accepted criteria.

Guidelines when selecting a reputable background check provider:

• Does the provider have a robust menu of services (different levels of background checks based on Personnel needs)?
• Does the provider have the ability to process Volunteer applications for working with Children?
• What is the cost for service access or processing fee?
• What is the average turnaround time for a background check?
• What additional resources does the provider offer (risk management resources, training, documentation, etc.)?
• Is the provider compliant with the Fair Credit Reporting Act (FCRA), which is related to employment law?
• Is the provider accredited by the Professional Background Screening Association (PBSA)?

3.12 Required Background Check for Workers

The Organization requires background checks to be carried out by an external provider every three to five years (3-5) for all Employees, regardless of access to and/or control of Children. Positions and circumstances may require different levels of background checks.

The Organization requires background checks for all Adult Volunteers that work directly with Children every three to five (3-5) years.

All Workers subject to a background check must complete an authorization form that is legally compliant.

See Indicator 1.6

All Workers need to be screened, regardless of age (See Indicator 3.1). Screening could involve application, interview, reference checks, etc. However, only Employees and Adult Volunteers are required to have a background check. Organizations should schedule a background check for Volunteers who turn 18 while serving in the Organization. Organizations should consult their background check provider for more information.

• One approach is for the Organization to implement a multi-level background check system based on a risk assessment for different roles. Depending on the level of the background check, the system may include a national background check, local county background check, Child Protective Services (depending on state law), and sex offender registry look-up. Background checks may be required under state law as well. Background checks can also be evaluated for span of time checked (e.g., a decade or longer).
• The Organization may ensure that the authorization form reflects consent for the scope of anticipated background check information (e.g., criminal background check only, criminal background plus reference checks).
• The Organization may include a section of its policies stating that a credit history check should be considered appropriate only for positions involving financial responsibilities.
• Note that the federal Fair Credit Reporting Act (FCRA) may apply to employment-related checks and specifically to potential adverse action. Background checks may cover a broad range of personal information including criminal history, character, reputation, mode of living, and related creditworthiness aspects.

Policies require background checks for all Workers, except Child Workers, every three to five years.

Background checks are documented with date, time, and retained in Worker files.

Legally compliant background check authorization forms are documented.

Examples of background checks and authorization forms are documented. 

Background check renewal is included in training materials.

3.14 Negative Screening Results Evaluation and Response

The Organization maintains thresholds for disqualifying candidates who have negative screening results from working with Children. Negative screening results may be based on prior immoral or unlawful acts.

The Organization maintains policies and procedures for evaluating screening results based on the circumstances. The Organization should distinguish between automatic disqualifiers and offenses that require further evaluation.

The Organization may conduct a follow-up interview based on any possible “red flags” or problem areas identified in application, reference checks, or initial interview. 

See Indicator 4.14

Potential “red flags” to be followed with further questions:

• Inaccurate, incomplete information or gaps in employment or Volunteer history;
• Unstable work history (short duration/abrupt departure/multiple states);
• Vague or evasive answers to questions;
• Volunteer/work history that has centered on a certain age and/or gender of Children.

The Organization may decide that the following criminal convictions or established actions (may vary depending on jurisdiction) be considered as automatically disqualifying:

• Child abuse, sexual or otherwise;
• Abduction, murder, or manslaughter;
• Incest;
• Sexual assault;      
• Any offense listed as disqualifying in the legal jurisdiction; and     
• Pornography use.

The Organization may decide that the following criteria be included when evaluating someone’s history and suitability for working with Children.

• The relevance of the conviction(s) or history to the duties and responsibilities of working with Children;
• The candidate’s subsequent employment history or other work information;
• Surrounding circumstances;
• Age of conviction(s) or other immoral or unlawful acts;
• Length of time since such activity occurred;
• Whether there are multiple indicators that point to an ongoing pattern of behavior;
• Evidence of repentance and rehabilitation;
• Evaluation of current spiritual fitness; and
• Any other mitigating circumstances.

Policies and procedures to evaluate application/screening results are maintained.

Automatic disqualifiers and offenses that require further evaluation are defined.

3.15 Sex Offender Prohibition

Policies do not allow convicted sex offenders to work with Children.

If the Organization allows convicted sex offenders to attend the Organization’s programs or otherwise work or Volunteer within the Organization, then the Organization has a detailed policy providing strict restrictions and expressly prohibiting any contact or other interaction with Children.

See article “Successful Church Assimilation of Sex Offenders”  for suggested best practices in allowing sex offenders to have access to an Organization’s activities.

As explained in this ECAP Resource, the Organization should have clearly written policies. The offender’s agreement should prevent a sex offender from participation in in-person worship services or other activities and ministries, outside of restrictive guidelines that would often include a chaperone/accountability partner. The Organization also needs to consider whether it has the capacity to minister to sex offenders while keeping all Children safe, and it should likely seek legal and other counsel for such determination.

Policies prohibit sex offenders from working with Children.

Policies state whether or not sex offenders are allowed to attend programming.

If sex offenders are allowed to attend programming, policies provide restrictions concerning contact with Children, and guidelines concerning monitoring by another Adult (including restroom policies).

4.1 Required Worker Training and Conduct

The Organization maintains a written policy for required training for Workers before having access to Children.

Policies clearly define Code of Conduct and appropriate Worker behaviors related to Child safety. Policies also indicate consequences for violating the Code of Conduct.

The Organization’s training materials emphasize the importance of being proactive with Child Safety as opposed to reactive.

The Organization provides guidelines on how to address a violation of Child safety policies and procedures.

See ECAP Youth and Children’s Worker Code of Conduct acknowledgement form.  

Consequences for violating the Code of Conduct could include anything from verbal or written warning to termination.

Policies prohibit potential Workers’ access to Children (while in the Organization’s custody) until required training is completed.

Worker Code of Conduct.

Documented acknowledgement of Code of Conduct and procedures for violations of safety policies.

Training materials include consequences of breaking the Code of Conduct.

Training materials emphasize the importance of proactive Child Safety.

4.2 Trainer Qualifications and Training Schedule

The Organization’s training protocol provides for training on this training standard (see below indicators) from a qualified trainer to all Workers with access to Children.

The Organization maintains a schedule of mandatory training for all Workers surrounding Child Abuse, including first-time training and periodic refresher training.

The Organization documents training attendance, and ensures that Workers are made aware of handbooks and policies.

This indicator includes age-appropriate training for Child Workers. Training may take place in person or by multimedia/video.

The Organization may require that first-time training covers the following: Child abuse awareness, definitions of abuse, physical and behavioral indicators, legal requirements under state statutes, reporting and response, how to identify areas of risk, mitigating risk, protection protocols, and documentation requirements. Refresher training might cover similar topics but go into more depth on particular areas.

Suggested Best Practices:

·       The Organization may require those seeking to work with Children to shadow a seasoned leader for a period of time before serving fully.

·       The Organization may require that failure to meet mandatory training requirements will disqualify Workers from working with Children.

Training materials cover the topics listed.

Trainer is qualified.

Mandatory Child Abuse Training is regularly scheduled.

Documentation of training attendance.

Workers are aware of handbooks and policies.

4.3 Training on Signs of Abuse

The Organization’s training protocol includes causes, signs, symptoms, and effects on victims (psychological, behavioral, and environmental), including accompanying written policy guidance on Child Abuse (sexual, physical, emotional, neglect).

The Organization’s training protocol includes physical and behavioral signs that could be indicators of abuse (or of other problems the Child is experiencing) and how to respond, including accompanying written policy guidance.

Victims of abuse often suffer from these and other issues: an inability to trust, affecting relationships; feelings of guilt, anger, and low self-esteem; a tendency toward alcohol and drug abuse; eating disorders; and suicidal thoughts, attempts, and suicide risk.

See ECAP’s Definitions for different types of abuse

Suggested Best Practice:

The Organization may consider health and safety training and mental health training for its Workers, particularly related to suicide ideation.

Training materials include causes, signs, symptoms, and effects of Child abuse, with written policy guidance.

Training materials include physical and behavioral signs that could be indicators of abuse.

If these things are observed, training materials include response guidelines.

4.4 Training on Child Abuse Reporting

The Organization’s training protocol includes Child abuse reporting and the consequences for failing to report.

The Organization identifies the Child Safety Coordinator, and trains Workers on the role of the Child Safety Coordinator in reporting abuse.

See ECAP Standard #5 on Response

Training and policies on Child abuse reporting may include:

·       How to obtain an appropriate but minimal amount of information from a Child;

·       How to ensure a Child’s immediate safety;

·       Grooming techniques towards Children and caregivers;

·       Legal requirements regarding Mandated Reporting and any doctrinal position on clergy confidentiality;

·       Reporting process for external reporting and internal reporting within the Organization;

·       Timeline for filing the report;

·       How to document any reports filed;

·       System of confidential record-keeping regarding Child abuse reporting;

·       How to file a report (names and numbers); and

·       Cooperation with law enforcement.

The allocation of responsibility may vary if the alleged offender is one of the persons on the Child Safety Team or within leadership. Such responsibility would be in addition to any Mandated Reporter obligations that may be owed by individuals to report to government child welfare agencies.

• Notification may occur through training, postings in public and visible locations in the Organization, website information, and the distribution of the Organization’s abuse prevention policy.

• Methods of reporting may vary and may include the following: a verbal report to the Child Safety Coordinator, any other trained adult, an online report, access to a hotline or toll-free number, or a receptacle to receive written reports.

Training materials include guidelines on Child Abuse reporting, including the consequences for failing to report.

Training materials identify the organization’s Child Safety Coordinator and explains the role of the Child Safety Coordinator.

4.5 Zero Tolerance Policy and Training

The Organization’s training protocol includes a Zero Tolerance policy for Child Sexual Abuse. The Organization will terminate any Worker who is a Child Sexual Abuse offender who has admitted to, had a finding of, or been convicted of Child Sexual Abuse.

The Organization’s training protocol includes disciplinary action/responses for violations, whether for sexual abuse, other types of abuse, or other harm to a Child, with accompanying written policy guidance.

See Indicator 1.9 and 3.15

Every Worker at the Organization signs a Child Safety Code of Conduct or annual disclosure that acknowledges termination for a violation of the Child safety policy, and that future prospective Employers and other organizations where a person may serve may be advised of such reason for termination.

Disciplinary consequences for violations not involving Child Sexual Abuse are at the Organization’s discretion.

Discipline for repeat violations could be progressive, such as starting with training/coaching, verbal reprimands, written reprimands, suspension, termination, or combinations of the above – and all documented in Personnel and Volunteer files.

Training materials include a Zero Tolerance policy regarding Child Sexual Abuse.

Training materials include disciplinary action for violations of the Organization’s Code of Conduct.

4.6 “No Right to Privacy” Training

The Organization’s training protocol includes awareness that Workers have no right of privacy or confidentiality regarding their own violations of Child safety protocols, and that the Organization may report this to members, donors, other employers, or other organizations where the violator may serve.

4.7  Ethical Training

The Organization’s training protocol addresses ethical considerations as well as legal compliance.

The Organization’s training protocol addresses the danger of rationalizing or otherwise excusing unethical behavior.

The Organization’s training protocol includes biblical sexual ethics.

Ethical considerations are broader in scope than any particular indicator as identified through ECAP standards, with a transcending overall importance beyond mere surface compliance with specified accreditation standards. The word “ethics,” as used in this Standard, refers to the moral principles that govern a person’s behavior or activities.

The Organization may require that its training materials encompass questionable situations that may go beyond specific prohibitions (e.g., no touching genital areas) to broader ethics-and-Bible-based principles (e.g., avoid temptation, and treat persons with respect).

The Organization may require that its training materials define sexuality and the nature of sexual sin from a biblical perspective. Such language would exist not only to communicate basic standards of ethical behavior but to build strong Christian character.

4.8 Health and Hygiene Training

The Organization’s training protocol includes health and hygiene training.

4.9 Visitor Identification & Procedures Training

The Organization’s training protocol includes training to all Workers on access control, and visitor identification procedures.

Suggested Best Practice:

Training may include:

·       How visitors should be identified, such as with visitor badges;

·       What to do when staff see someone without identification (e.g., stop them, then escort them or ask someone else to escort them to the identified location for visitor check-in);

·       Unauthorized visitors are not allowed to be in contact with Children.

Training material includes access control and visitor protocols.

Staff and volunteers are able to articulate access control and visitor protocols.

4.10 Information Sharing Training

The Organization’s training protocol addresses sharing information internally or externally (apart from and in addition to any mandatory reporting) that may be confidential, private, defamatory, or otherwise harmful. This includes legal duties and appropriate communications for the Organization and its leaders, Employees, Volunteers, and members. The Organization gives particular attention to protecting the privacy of Children.

See ECAP Standard #5, “Response,” Telios Resource “Child Abuse Allegation Response Checklist,” and Theresa Sidebotham’s Handling Allegations in Ministry.

Note:

Defamation is a legal claim for untrue written or verbal factual statements that harm someone’s reputation. There are defenses to defamation, such as that the information shared is true or constitutes only opinion. If the Organization or its representative could be accused of defaming someone, a legal analysis may be appropriate before any further information disclosure.

Suggested Best Practices:

When the privacy of a Child is involved it is important to keep the information confidential. Absent extenuating circumstances warranting a different approach, names of Children should be withheld.

Training materials address sharing information internally or externally that may be confidential, private, defamatory, or otherwise harmful, including legal duties and appropriate communications for the Organization, its leaders, Workers, and members.

Training materials give particular attention to protecting the privacy of Children.

4.11 Extra-Ministry Contact Training

The Organization’s training protocol includes interactions with Children outside of regularly scheduled ministry programming, with accompanying written policy guidance.

Suggested Best Practices:

Extra-ministry contact should be edifying and honoring to the individual and the individual’s parents.

Workers are expected to follow the moral guidelines of the Code of Conduct, even outside of ministry programming.

Individually meeting with Children is discouraged.

Training materials include guidelines regarding contact with Children outside of regularly scheduled ministry programming.

Workers are still required to follow the Code of Conduct outside of ministry programming.

4.12 Extra-Ministry Communication Training

The Organization’s training protocol addresses communication between Children and Workers outside of regularly scheduled ministry programming, with accompanying written policy guidance addressing social media contact, online engagement, electronic communication, and written communication.

Suggested Best Practices:

Communication should be with parental permission, encouraging to the Child, honoring to the parents/guardians, and overall edifying.

Social media contact or online engagement should be with groups or via text messaging platforms.

Individual messaging or texting is discouraged.

In the event of emergency communications, the Worker’s supervisor should be notified, and a copy of the communications may be requested.

4.13 Home Visitation Training

The Organization’s training protocol includes guidelines for home visitation.

Suggested Best Practice:

Guidelines for home visitation with Children may include the following:

• At no time will the Worker show up at a home uninvited by the parents/guardians of that Child.
• At no time will a Worker be alone with a Child in the home. If Parents must leave for any reason while a Worker is there, then the Worker will leave also.
• If staying at the Child’s home or on a trip, no overnight stays with a Child in the same room will be allowed.
• Adults will not shower or change clothes in front of a Child.
• Adults will have no one-on-one time with a Child unless in situations visible to others.

4.14 Screener Training

The Organization provides training to those responsible for handling applications, screening, and interviews.

The Organization trains Personnel to identify “red flag” behaviors, patterns, and characteristics of potential Perpetrators using Advanced Screening Techniques.

Screener training may include instructions for processing applications and background checks, verifying references and work history, conducting interviews, and evaluating results.

Note: ECAP Youth and Children’s Worker Screening Questionnaire Resource 

See Standard 3 for more information

See ECAP’s “Definitions” for Advanced Screening Techniques

Training requirements for screeners are documented.

Records of individual screener training materials are kept.

The Organization’s screener training materials include “red flags.”

4.15 Safe-and-Secure Training for Children

The Organization uses age-appropriate safe-and-secure training for Children and their parents that includes principles of abuse prevention.

• Recognize: How to recognize when an interaction is inappropriate or uncomfortable.
• Resist: How to resist by using verbal or non-verbal means to remove themselves from the situation.
• Report: How and to whom to report inappropriate and uncomfortable situations, within the Organization or externally.

4.16 Safe Environment Training

The Organization addresses boundaries critical to creating a safe environment with Parents and Children.

Suggested Best Practice:

The Organization may require parameters to be established within its policies regarding appropriate communication between peers and for adults to Children. The Organization may include the following language in its policies: Children should not engage in cursing, vulgarity, bullying, sexual innuendo, or sexual comments. Children should be aware that adults should not comment on their bodies or make overly personal comments on personal appearance.

Safe Environment Training could include topics and parameters such as:

• Modesty: Identify appropriate expectations for sports or swimming attire and dress codes.
• One-on-Ones: Specify rules to prevent adults from being alone unsupervised with a Child not related to them.
• Determine the parameters for approved and unapproved peer-to-peer or adult-to-Child touching (see above Section “Child Abuse Training” – Indicator 4.3).
• Determine the parameters for approved and unapproved communication between Child peers or adult-to-Child.
• Establish “No Bullying” language to address any behavior that involves physical, verbal, cyber, or relational mistreatment or coercion in any form.
• Train Children to understand that their body is their personal space, and no one has the right to invade their personal space with inappropriate actions.

5.1 Written Response Plan

The Organization’s Response Plan is written and addresses the following:

• How to keep Children safe;
• How to receive a disclosure or other allegation of abuse from a Child; 
• How to report abuse;

• Identification of mandatory reporter laws;
• Reporting protocols including numbers for jurisdictional agencies and documentation policies;
• Contact information for legal counsel and insurance carrier;
• Designated counselors or therapist

See Indicator 4.4

See ECAP Resource “Building a Response Plan”

5.2 Crisis Response Team

The Organization identifies a crisis response team who is prepared to respond in the event of an incident, and outlines the roles and responsibilities of the team.

Suggested Best Practice:

The Crisis Response Team should be comprised of at least three unrelated individuals including both male and female as well as the Child Safety Coordinator.

Internal roles and responsibilities of a crisis management team may include:

·       Advocacy member to relate directly with the Victims and families impacted by the crisis;

·       Executive leader to coordinate all internal and external efforts of the team;

·       Project manager to support the team through administrative efforts to organize, track, and report information;

·       Child Safety Coordinator

·       Communications spokesperson

·       Legal counsel

Alternate response team members should be identified, in case a response team member has a conflict of interest with someone under investigation or an alleged victim.

The Organization may require maintaining an attorney-client relationship with knowledgeable and experienced legal counsel, to advise as needed on Mandated Reporter obligations, scope and applicability of clergy privilege, safety of the Victim and/or Accused, employment matters, internal communications, media relations, and other publicity considerations.

Crisis Response Team is identified.

Members of the Crisis Response Team understand their role and responsibilities.

5.3 Communications Guidelines

The Organization’s Response Plan identifies how to handle internal and external communications for the Organization’s members, regular attenders, stakeholders, the general public, on a “need to know” messaging and distribution basis, and working with the Organization’s legal counsel as warranted.

Suggested Best Practice:

Organization designates a Communications Spokesperson to handle all communications with claimants, claimants’ counsel and media outlets.

The Organization’s Board is responsible for determining a suitable communication representative. Such judgment should be based on a combination of experience, demonstrated skills and capability, and related training.

In larger ministries and/or specific contexts, it may be appropriate to designate a team of designated communications representatives.

For example, it may be appropriate for one person to act as the Organization’s spokesperson for media outlets, and another person to act as the Organization’s spokesperson with respect to a claimant and the claimant’s legal counsel.

5.4 Criminal/Civil Compliance Measures

The Organization’s Response Plan identifies compliance measures for potential criminal and civil investigations, including a written Records Retention policy, confidentiality protocols, protection of attorney-client privilege, and cooperation with authorities.

5.5 Investigation-Related Measures

The Organization’s Response Plan identifies investigation-related measures such as confidentiality protocols, protection of attorney-client privilege, and cooperation with authorities.

Suggested Best Practice:

The Organization may require that if further information is needed from the Child, it must be obtained carefully and on a limited basis to determine if reasonable suspicion of Child abuse exists to report.

5.6 Legal/Moral Reporting and Response Protocols

The Organization identifies the legal duties of its Governing Board and Workers to report suspected abuse, as Mandatory Reporters.

The Organization clearly defines the differences between Mandatory Reporting and non-mandatory, moral/ethical reporting, and clearly provides for both, based on additional spiritual, moral, and ethical concerns.

Some jurisdictions impose a duty to report Child abuse on everyone, while in other jurisdictions only certain classes of persons are Mandated Reporters (e.g., childcare providers, healthcare workers, teachers, etc.).

Some reports may need to be made outside of jurisdiction, even internationally, or they may need to be made to licensing boards or other entities.

Not everyone is a Mandated Reporter. While only Mandated Reporters are legally obligated, individuals may report suspected or known Child Abuse to government authorities.

Failure to report by a Mandated Reporter may give rise to criminal and civil penalties for Organization’s Personnel. This can be the case even if reports are made but not promptly. In some cases, a report is not mandated in the jurisdiction because the Victim is now an adult. For criminal allegations involving Victims who are now adults, a report may still be appropriate.

The Organization may take steps to ensure that Workers are aware that since the majority of abuse takes place in the home, they may need to report intra-family abuse or neglect.

Suggested Best Practice:

Organizations may consider adopting a policy of reporting even if someone is not a Mandated Reporter.

Legal duties of officers, leaders, and Workers to support suspected abuse are documented.

Mandatory and non-mandatory ethical reporting requirements are outlined in policies.

5.7 Child Safety Coordinator Reporting and Mandated Reporting

The Organization requires the Child Safety Coordinator to support reporting all instances of suspected abuse to the appropriate authorities, either making or assisting to make such reports, and consulting with legal counsel if needed.

The Response Plan makes clear that an individual Mandated Reporter will still have independent reporting responsibilities.

The Child Safety Coordinator proactively encourages reporting of suspected abuse.

Response Plan clarifies Mandated Reporting responsibilities.

5.8 Parent Notifications

The Incident Response Plan identifies how to address notifying the alleged Victim’s Parent(s) if the Victim is a Child.

See ECAP’s Definition of “Parent”

Organizations should keep in mind that the person who needs to be notified is the Parent or guardian of the Child with legal custody. Organizations should be aware of potential custody disputes in the case of divorce or other situations.

5.9 Leadership Notifications

The Organization’s Response Plan identifies how to handle notifications within the Organization, including members, Board, and other stakeholders.

Suggested Best Practices:

The Organization may require that communications with the Organization’s members and other stakeholders should generally be made on a “need to know” basis, per legal advice. This may include a summary of the initial report and updates.

5.10 Insurance Notification Policy

The Organization’s Response Plan provides for timely, formal, and verifiable notification to its insurance provider of an abuse incident, legal claim or threat of litigation.

The Response Plan should specify the individual or role of the staff person responsible to notify.

See ECAP Resource “Building a Response Plan.”

Refer to insurance policy on which types of abuse are to be reported (e.g. internal or external)

The Organization may require its Response Plan to identify insurance protocols, including ready access to insurance representatives and understanding of insurance coverage (including legal defense, Worker practices liability, coverage for Volunteers, directors’ and officers’ liability [D&O], and sexual misconduct). 

It is recommended that the Organization be prepared to cooperate fully with the insurance carrier in handling any claims. In the event of a claim, the Organization’s legal representation to defend such a claim may be provided or otherwise approved by the insurance carrier, as requested by the Organization or designated by the insurance carrier. It is recommended that care be taken to protect attorney-client privilege throughout all insurance coverage processes.

Organization may require that its Employees refrain from making settlement offers to claimants without getting authorization from its insurance carrier, as such settlements may not be honored and may affect insurance coverage.

Organizations have a contractual obligation to report suspected losses to their insurance provider within a reasonable period of time or risk the possibility of a denial of coverage. In addition to covering potential settlement demands, insurance may also provide the Organization with additional covered services such as legal, media assistance, and communication response.

It is likely necessary  to appoint someone responsible to contact the insurance company in the Response Plan.

5.11 Government Investigation Protocol 

The Organization’s policy recognizes the potential for and prioritizes the investigation from law enforcement or Child Protective Services.

Policies and protocols provide for outside investigations.

These make clear that an outside investigation takes priority over an internal investigation.

5.12 Organization Investigation Protocol 

The Organization’s policy addresses specific parameters for its own investigation, whether internal or independent, including care for Victims, addressing offenders, mitigating risk, and developing written reports for all investigations.

See Telios Resource: “Child Abuse Allegation Response Checklist” for additional detail.

See ECAP Resource:“Handling an Investigation” for additional detail.

The investigation’s goals may include the following: follow facts objectively and avoid bias; create no further emotional harm; protect possible Victims; provide justice and due process for possible offenders; avoid legal liability for the Organization; and make findings to a preponderance of the evidence.

The assistance of experts, such as professional investigators, Victim assistance experts, Child forensic interviewers or forensic psychologists, may also be warranted.

Results of the investigation may be documented in writing and presented to the Organization’s Board to make final determinations about next steps, disciplinary action, and areas for improvement.

Policies and protocols provide for internal and independent investigations.

These include care for Victims, addressing offenders, mitigating risk, and developing written reports.

5.13 Policy & Doctrinal Definition of Clergy-Penitent Privilege and Confidentiality 

If the Organization is a church, it defines its confessional or clergy-penitent privilege doctrinally and in policy so that both clergy and those confiding understand the limits of confidentiality.

The Organization should determine jurisdictional applicability of clergy-penitent privilege and any possible Child Abuse reporting requirements.

The Organization addresses confessional or clergy-penitent confidentiality, including any applicable doctrinal statements, whether applicable law provides any relevant exemptions to reporting requirements for clergy, the importance of consulting with legal counsel for specific situations, and appropriate steps for clergy who are bound by confidentiality laws to encourage confessing offenders to self-report to authorities or to encourage Victims to disclose.

Note that confidentiality may not apply if a third non-clergy person is present during a communication (e.g., an elder or deacon). Confer with legal counsel regarding specific situations.

A helpful resource is Christianity Today’s Church Law & Tax guide on mandatory Child abuse reporting and clergy privilege.  See https://www.churchlawandtax.com/web/50-state-child-abuse-reporting-laws/.

Only applicable for churches

Clergy-penitent privilege is defined in doctrinal statements and policy.

Clergy-penitent privilege is in accordance with local and state laws.

Limits of confidentiality are defined in doctrinal statements and policy.