Minimize Your Church's Biggest Risk

In today’s culture, legal threats to churches seem to be mounting on every side as many localities seek to restrict access to prime real estate through zoning, opponents of religious liberty attempt to dismantle tax-exempt benefits for churches and clergy, and disputes about church property and other issues increasingly wind up in the courts.

According to ChurchLaw&Tax.com, the top five reasons churches wind up in court include:

1. Property Disputes

2. The Sexual Abuse of Minors

3. Personal Injury

4. Insurance Coverage Disputes

5. Zoning Issues

In this changing legal landscape, how can you protect your church from harm and increase your chances of staying out of court? Here are seven ways to protect your church:

1. Leverage the Law in Your Favor

2. Strengthen Your Governing Documents: Is that in our Bylaws?

3. Minimize Your Liability Through Effective Policies: Three Policies Every

Church Needs

4. Develop Effective Employment Practices: Hiring, Firing and Living to Tell About It

5. Maintain Insurance Specific to Your Needs

6. Clarify Property Issues Early

7. Protect Your Children, Students, and Volunteers

To read any of the previous blogs in this series (1-6), click on the hyperlinks above. This blog focuses on protecting children, students, and volunteers in your church. While the most recent survey revealed the number one reason churches wind up in court has to do with property disputes, year in and year out cases involving the sexual abuse of minors are always first or second on the list. In addition, the damage to children, youth, and the church’s ministry in the community likely far exceeds the damage from property disputes.

Even though it’s not a comfortable subject to talk about—churches are prime targets for sexual predators because of the access—often easy access—predators have to youth and children. Churches often have many ministries to children, including children’s church, daycare or preschool, student ministries, and more that require a great number of volunteers. Predators understand the need and can attempt to take advantage of the opportunity.

To protect your children, youth, and volunteers, your church can adopt a strategy with three clear goals: 1) protect minors; 2) protect innocent volunteers; and 3) protect the congregation.

Protecting Minors

One of the greatest responsibilities of the church is to protect its youngest members because these members cannot protect themselves. Churches can protect minors by establishing clear policies regarding interaction with minors by volunteers, conducting criminal background checks for all volunteers, checking references on all volunteers, and training volunteers to detect and report signs of sexual or physical abuse. It’s not enough to merely do an initial background check on a volunteer; instead, to protect minors, the church must adopt a complete program that involves policies, training, and regular background checks.

Protecting Innocent Volunteers

In addition to the interest in protecting minors, your church has an interest in protecting innocent volunteers. How? Some churches have chosen to digitally record all activity in the nursery and children’s classes in order to protect children from abusers and protect innocent volunteers from false accusations. Other churches have installed one-way glass windows so parents can check on pre-school children without being noticed. Many churches have adopted volunteer policies that safeguard volunteers from ever being alone with a minor. At the minimum, your church should adopt policies that protect volunteers by never placing them in a position where a false allegation can be made.

Protecting the Congregation

Again, through the years, churches wind up in court over claims of sexual abuse frequently. The cost of the abuse to the minor, the minor’s family, and the church are calculated in much more than money—but in reputation and in the ability to continue to minister effectively in the community. A well-thought-out and implemented policy regarding ministry to minors go a long way to protect both the church’s assets and ability to effectively minister both now and in the future.

Reynolds Law Group offers a turn-key program, Keeping Them Safe, that provides the following:

Child, Youth, and Volunteer Protection Policy

Children’s and Youth Ministry Volunteer Application

Children’s and Youth Ministry Volunteer Background Screening Policy

Children’s and Youth Ministry Volunteer Background Screening Consent and Release

Youth Ministry E-Communication Policy and Annual Affirmation

Six Video Training Sessions for all Children’s and Youth Ministry Volunteers and Employees