Sex Offenders in the Church

Transcription

1 Brought to you by... A training tool for church leaders on legal and tax issues affecting churches Training Resource Sex Offenders in the Church 2 Overview on Sex Offenders in the Church What to do when you learn that a sex offender attends your church or wants to. from Brotherhood Mutual Insurance Company 5 Are Sex Offenders Welcome to Worship? Is your church prepared to open its doors to convicted sex offenders? by Tyler Charles 7 Modern-Day Lepers Churches try to balance grace and accountability toward sex offenders by Bobby Ross Jr. 10 Dealing with Sex Offenders Who Want to Attend Your Church How to protect your most vulnerable members. by Richard Hammar 12 Sex Offenders Probation Agreement Make sure you know what restrictions they must follow. by Richard Hammar 15 Sample Policy for Registered Sex Offenders Ensuring the safety of your congregation. 17 Sample Restrictive Access Agreement Conditional attendance for individuals who have committed severe/violent offenses and/or offenses against minors. 20 Sample Registered Sex Offender Accountability Covenant A commitment to safety. 22 Sample Dismissal Letter When you need to ask someone to leave your church. 23 Sample Letter for Probation Officer Communicating with the Department of Corrections 24 Additional Resources

2 Overview Sex Offenders in the Church At some point, you may learn that a sex offender attends your church or wants to. from Brotherhood Mutual Insurance Company Across the country, convicted sex offenders are being released from prison into communities like yours. Studies indicate that offenders need both treatment and support from others to help them manage feelings that led them to commit sex crimes. Churches can play a substantial role in helping offenders return to society, rebuild relationships, overcome old behaviors, and deepen their faith commitment. What will you do when a sex offender seeks help from your ministry? Allow the person to stay unconditionally, and pray that nothing happens? The offender may harm someone in the church, traumatizing the victim and devastating your ministry. Ask the person to leave? This may raise tough questions about the church s position on forgiveness. Offer support if the person is repentant? You ll need to meet the offender s needs, overcome members objections, and protect vulnerable people in your flock. That s a tall order, but it can be accomplished in many cases. Be Prepared Contemplate how you ll handle this situation before it arises. While a registered sex offender may request permission to attend church, it may also be that an offender s background is discovered after years of attendance. Your church should act now to: Decide whether to allow repentant sex offenders to participate in your ministry. Develop a policy outlining the extent of participation allowed. Adopt strategies to manage the situation. Educate Yourself Understand the differences. The term sex offender covers a wide range of individuals, from the teenager convicted of having sex with his underage girlfriend to the pedophile who molested dozens of youngsters. Each type of offender presents a different level of risk for committing new offenses. Research local laws regarding sex offenders. Many cities bar offenders from living within a certain distance of churches, playgrounds, and other places where children gather. 2

3 Consult legal counsel before working with sex offenders. Your attorney can help you understand privacy issues and legal requirements in your state, as well as ensure that your policies provide adequate protection for your church. Develop Procedures Create a set of procedures that offer accountability for the sex offender and protection for all members, especially children and people with disabilities. Having these procedures in place will: Restrict offenders participation in church life (those who recognize the effect of their crimes should accept the limitations). Help minimize church members fear when they learn that a sex offender is involved with the church. Establish a covenant with the offender. Ask the person to commit to a covenant designed to prevent opportunities for further offense. The covenant should: State specific types of participation permitted (e.g., attending church services is fine, but contact with children on church property or at churchsponsored activities is forbidden). Permit church leaders to tell others in the congregation about the offender s conviction if you believe it is necessary to do so. Permit church leaders to contact probation officers and others assigned to work with the offender. Outline other stipulations, such as ongoing counseling. State consequences: If the offender violates any of the covenant s provisions, he or she will no longer be allowed to attend your church or access church property. Assign an accountability partner. Appoint a prescreened individual to shield the offender from temptation. (Several people can share this responsibility, provided the offender is constantly supervised.) Require that the offender and the accountability partner stay within sight of each other during church activities. Consider ongoing counseling. To ensure appropriate guidance for the sex offender, and to help your church assess risks, establish regular counseling sessions for the offender: With the pastor or other church leaders With a counselor who will submit written progress reports to an appointed church leader Communicate with church members. Decide which church members need to know that a person has a history of sex offenses. 3

4 Tell the pastor, children s/youth ministers, and other church leaders that the person has agreed to the conditions of a covenant. Restrict contact with children. Your church should already have a policy requiring criminal background checks for youth ministry workers and prohibiting anyone with a history of sex offenses from interacting with the congregation s children/teens. Don t do it alone. Seek help in assessing the risk that a sex offender will re-offend. Collaborate with local agencies and professionals experienced in helping offenders re-enter the community. Probation officers, social workers, psychologists, counselors, and police officers generally welcome a church s involvement. Assess Each Situation Individually Customize your approach to individual situations. Meeting with sex offenders and working with their probation officers and social workers, your pastor and church leaders will get a better sense of whether to allow a particular offender to participate, and to what extent. This article is provided by Brotherhood Mutual Insurance Company. Used with permission. 4

5 Assessment Are Sex Offenders Welcome to Worship? Is your church prepared to open its doors to convicted sex offenders? By Tyler Charles A national study of nearly 3,000 churches by Christianity Today International revealed that 8 in 10 churches feel that sex offenders who have been released from prison should be allowed to attend church, under continuous supervision, subject to appropriate limitations. This willingness to welcome former sex offenders into congregations needs to be balanced with proper safety protocols to prevent a reoffense from occuring at church. Welcoming sex offenders into your church but with restrictions requires preparation, and lots of it. Initial preventative actions include consulting the offender s probation officer (if they have one), consulting a lawyer to help craft an attendance agreement or covenant, which will need to be signed by the offender, and communicating the details of the situation to the appropriate church leaders. Creating strict regulations (and clear repercussions) so the offender knows what is and what is not permissible will also provide helpful boundaries. Use this assessment to determine how prepared your church is to welcome a sex offender into worship. Our church leaders have discussed our stance on welcoming sex offenders. q True q False q Not Sure Our church leaders are unified in our decision regarding welcoming sex offenders. q True q False q Not Sure We have a thorough policy that outlines our practices for including sex offenders in our church. q True q False q Not Sure We have talked to our attorney and insurance agent about the implications of welcoming sex offenders into our church. q True q False q Not Sure 5

6 Our church leaders believe the church can play a valuable role in the rehabilitation of sex offenders. q True q False q Not Sure Our church leaders want to make the church a place of healing for sex offenders. q True q False q Not Sure Our church leaders recognize the dangers of welcoming a sex offender into the congregation without strict guidelines for his/her involvement. q True q False q Not Sure We have a Sex Offender Attendance Agreement which stipulates the type of involvement a sex offender can have with our church. q True q False q Not Sure Any sex offender attending our church (now or in the future) will know the penalties for violating the attendance agreement. q True q False q Not Sure Concerning sex offenders who want to attend our church, our top priority is showing them the love of Jesus Christ while protecting our children and other church members from a repeat offense by the sex offender.. q True q False q Not Sure We are prepared to safely minister to a sex offender in our church community. q True q False q Not Sure If you answered False or Not Sure to any of the statements above, that s a sign that your leadership may want to go back and discuss those specific items before proceeding. 6

7 Modern-Day Lepers Churches try to balance grace and accountability toward sex offenders. by Bobby Ross Jr. Convicted of indecent liberties with a teenage girl when he was 20 and attempted second-degree rape years later, James Nichols served his prison time and then found himself back in police custody. His offense: going to church. Authorities said the 31-year-old Nichols violated a new North Carolina law that bars sex offenders from coming within 300 feet of any place intended primarily for use, care, or supervision of minors. Nichols was arrested after worship at Moncure Baptist Church because the church has childcare facilities for families attending services. He is challenging the constitutionality of the law, claiming it violates his religious freedom. Laws in 36 states establish where sex offenders can and cannot live or visit, an Associated Press survey found. Some states provide exemptions for churches, but many do not. One of the most vexing problems facing our society, and more particularly the church, is how to deal with sex offenders, said Pat Nolan, vice president of Prison Fellowship. As one pastor expressed to me, Jesus taught us to be forgiving. However, he also has made me shepherd of my flock, and it is my responsibility to protect them from the wolves. At the South Whidbey Assembly of God in Langley, Washington, church leaders try to balance grace and compassion with due diligence, said senior pastor Matt Chambers. We have always tried to act from the position of the damage that would be done if someone offended/reoffended and we had known about it and did nothing or told no one, said Chambers, whose rural congregation averages Sunday attendance between 250 and 300. In the case of one woman convicted of sex crimes against boys and girls, the church laid out specific guidelines, he said: She d arrive for the assembly, go directly to the sanctuary, and exit immediately when the service was over. If she needed to use the restroom, specific members were assigned to accompany her. She complied for a period of time, Chambers said, but then began to bend/ break our requirements, so we told her that she was no longer welcome and notified the church that she then tried to attend. 7

8 A major problem, in Nolan s view, is that many sex offender statutes are written so broadly that they lump many people convicted of relatively minor offenses in with the hardcore sex offenders. For example, teenagers who moon someone as a prank or a 17-year-old who has consensual sex with his girlfriend can be deemed sex offenders for the rest of their lives, he said. Such overly broad definitions divert attention from pedophiles who truly pose a threat, Nolan said. I have heard it said that sex offenders are modern-day lepers, he said. That is probably pretty accurate. And we know that Jesus didn t shun lepers. He loved them and healed them. He expects us to do the same. But in some cases, Christians take their strong belief in redemption too far and fail to monitor offenders properly, said Deborah A. Ausburn, a Georgia attorney who defends day cares, camps, and churches against sex abuse claims. It s at the core of our spiritual identity, Most of us grew up on stories of sinners who accomplished great things for God, and very few of us have encountered true depravity in person, said Ausburn, who attends Church of Our Redeemer in Marietta, Georgia. So, the power of redemption is more real to us than the power of sin, she added. So, we are apt to let our guard down more than we should. Increasingly, however, liability insurance carriers demand that church leaders address the issue of registered sex offenders in their congregations, said Kim Estes, education and outreach director for P.E.A.C.E. of Mind, a Bellevue, Washington-based nonprofit. For many churches, insurance mandates and lawsuits have sparked formal training on sex abuse prevention and even contracts that offenders must sign before attending, Estes said. Lack of background checks in the past, especially in situations where adults would be in contact with children, made churches magnets for sex offenders, Estes said. Churches are now realizing that an organized plan in place is a better, safer solution. Winning Kids Inc., based in Richmond Hill, Ontario, produced Plan to Protect, a protection manual used in about 4,000 churches in the United States and Canada. The manual advocates designating someone in the congregation to accompany a sex offender while at church. Hopefully with an attitude of friendship rather than an obvious guard, said Diane Roblin-Lee, Winning Kids director of communications, thus protecting the children while encouraging the person 8

9 who has already been punished by the justice system to strengthen his or her determination never to reoffend. In the North Carolina case, attorney Glenn Gerding argues that the law is unconstitutional and takes away Nichols best hope for rehabilitation, healing, stability and redemption and that of more than 11,000 other registered sex offenders. Given our state s strict residency and employment restrictions, as well as societal discrimination against and vilification of sex offenders, Gerding said in a court filing, churches are often the last hope for many sex offenders who need the stability and guidance a church pastor and church family can provide. This article originally appeared in Christianity To d ay, December Used with permission. Thought Provokers If sex offenders are modern-day lepers, what can we learn from Jesus response to lepers? Is there a distinction that needs to be made between the lepers who were outcasts in Jesus time and sex offenders of today? Should our response to sex offenders vary depending on the nature of their offense? Should some sex offenders be permitted to attend church and others excluded? 9

10 Dealing with Sex Offenders Who Want to Attend Your Church How to protect your most vulnerable members. by Richard Hammar When a church allows a registered sex offender to participate, without limitation, in the normal activities of the church, this exposes the church and members of the church board to legal liability. If the sex offender should ever have sexual contact with a minor or adult on church premises, or in the course of church activities, the church could face a significant degree of liability at the hands of a jury that would be incredulous that such a person was allowed to have unrestricted access to the church. When the senior pastor, or any member of the church board, is informed that a registered sex offender is attending the church, there are steps that can be taken to manage risk. These include the following: 1. Obtain a record of the sex offender s prior criminal convictions by conducting a national criminal records check. The church must be fully informed regarding the sex offender s criminal background. 2. If the sex offender is on probation, identify his or her probation officer and ascertain the conditions that have been imposed. In some cases, sex offenders are not even allowed to attend church. If the probation officer says that the offender is free to attend church, ask the officer if he or she would recommend that the offender be allowed to attend church, and if so, under what conditions. Obtain this information in writing, or, if that is not possible, make a detailed written account of the officer s response. 3. Condition the sex offender s right to attend church services and activities on his or her signing a conditional attendance agreement that imposes the following conditions: The sex offender will not work with minors in any capacity in the church. The sex offender will not transport minors to or from church, or any church activity. The sex offender will not attend any youth or children s functions while on church property, except for those involving his or her own child or children, and only if in the presence of a chaperone (see below). The sex offender will always be in the presence of a designated chaperone while on church property. This includes religious services, educational classes, activities, and restroom breaks. The chaperone will meet the sex offender at the entrance of the church, and accompany the sex offender on church premises until returned to his or her vehicle. A single violation of these conditions will result in an immediate termination of the sex offender s privilege to attend the church. 10

11 The conditional attendance agreement option will not be available unless the church s insurer is informed and confirms that coverage will not be affected. 4. In some cases, exclusion of the offender from church is the only viable option. This option is advisable if (1) for any reason the conditional attendance option is not feasible or enforceable; or (2) if the offender s crimes are so frequent or heinous that exclusion is the only appropriate option; or (3) one or more of the offender s victims attends the church. This will be a judgment call made by the pastor and board. 5. It is often desirable to draft a short policy addressing the church s response to registered sex offenders attending the church, and have it adopted by the congregation during an annual or special business meeting. This would allow the membership to discuss this issue in a rational manner. 6. Seek legal counsel in formulating the church s response. This article originally appeared in Ch u r c h Law & Taw Re p o r t. Used with permission. Thought Provokers Is the information presented in this article new to us? If so, where do we need to begin? Do we need a standard attendance agreement for sex offenders? Or should it be crafted on a case-by-case basis? Do we have a written policy regarding our response to sex offenders attending church? If no, do we need one now? If yes, is it thorough enough? 11

12 Sex Offenders Probation Agreemets Make sure you know what restrictions they must follow. by Richard Hammar A church s youth pastor (the defendant ) was convicted of three separate second degree sexual assault offenses involving three different minors in his church. Pursuant to the jury s verdict, he was sentenced to three separate ten-year terms of confinement in prison. On the jury s recommendation, the trial court suspended the imposition of each sentence and placed the defendant on community supervision for ten years for each offense, subject to several conditions. A few years later the state filed a motion to revoke the defendant s community supervision, alleging ten violations of the conditions. After the hearing, the trial court announced that it found that the defendant had committed the ten violations, revoked his community supervision, and entered judgment, sentencing him to ten years confinement in each case. One of the conditions that the defendant violated specified: No unsupervised contact with children under the age of 17. Do not frequent, remain about, or enter any place where children under the age of 17 congregate, excepting [a specified church] for regularly scheduled services only on Sundays from 11:00 a.m. to 12:00 p.m., and 6:00 p.m. to 7:00 p.m. and Wednesdays from 7:30 p.m. to 8:30 p.m. In addition, defendant is to only attend when at least one of his approved chaperones is present and gives a signed statement to the supervision officer stating whether or not defendant had any contact with children under the age of 17 years and providing the details of that contact. Further, defendant is restricted to the main auditorium or sanctuary and is prohibited from youth groups, Sunday school rooms, or any other part of the church buildings or property where children under the age of 17 years congregate. The defendant violated this condition through his repeated grooming of another 15-year-old girl in his church, including two personal contacts. The defendant appealed the reinstatement of his prison sentence, claiming that the conditions were invalid since they constituted a violation of his right to freely exercise his religious beliefs. The court dismissed this argument, noting that the defendant did not give a written statement to his community supervision officer about the two contacts he had with the 15-year-old girl in the church as required by [the conditions]. Instigating the conversation with the girl was also a violation that was not disputed. His only defense was that these contacts did not appear to be inappropriate. Those conditions had nothing to do with his freedom to worship. 12

13 Application for Churches This case is instructive for two reasons. First, it demonstrates that child molesters who are not currently in prison may be subject to a supervised probation arrangement that restricts their church attendance. Many church leaders have learned that registered sex offenders are attending their church. Knowing how to respond in such cases can be a difficult question. Many churches do not allow such persons to attend church until they have ascertained whether they are subject to probation, and if so, the conditions imposed by the probation arrangement. In many cases, probation arrangements prohibit a defendant from attending church under any circumstances, while in other cases a defendant is allowed to attend church but under strict conditions such as those described in this case. A church s exposure to liability is increased if it allows a known sex offender to attend services or other church activities without ascertaining the existence and contents of a probation arrangement. Second, the conditions imposed by the state in this case are significant, since they represent a determination by a government agency of the conditions under which a known child molester may attend church. Allowing known sex offenders to attend church will expose a church to a high level of risk. This risk must be properly managed. Some church leaders seek to manage the risk by totally excluding such persons from church property. Others prefer to allow them to attend church, but under specified conditions. The substance of these conditions will vary depending on the circumstances of each case. In drafting the conditions, church leaders may benefit from reviewing probation agreements used by government agencies. The restrictions on church attendance in this case are a useful example. Church leaders also should consider speaking with probation officers in their community regarding the kinds of conditions that would be appropriate in allowing a sex offender to attend church. Often, these persons will provide helpful information. Basing your decisions on this kind of information will help to demonstrate the exercise of reasonable care, and reduce the risk of negligence. In some cases, the nature of the prior offenses may make such conditional attendance arrangements inappropriate. Once again, your local probation officers can assist you in knowing how to decide whether to completely exclude a person or to allow him or her to attend church under specified conditions. Any decision to allow a known sex offender to attend church, even with conditions, should not be made without the assistance of legal counsel. This article was adapted from Ch u r c h Law & Ta x Re p o r t. 13

14 Thought Provokers Are any sex offenders attending our church? If so, is it possible they are violating the terms of a probation? Would it benefit us to talk to probation officers in our area to better understand the necessary conditions for permitting sex offenders to attend our church? Who will be responsible for monitoring the probation agreements of offenders who attend our church? 14

15 Sample Policy for Registered Sex Offenders Insuring the safety of your congregation. Policy for Registered Sex Offenders Purpose: The Church accepts as central to its mission the establishment and maintenance of a caring environment for every child of God, not least our own children, and a place of grace for all sinners, including those whose crimes are public. Knowing that children are at risk, not yet having the ability to protect themselves, we determine to provide protection for them by carefully monitoring any known Registered Sex Offender participating in the life of this congregation. Knowing that God s grace has been extended to all, that grace invites repentance and that repentance requires acknowledgement of sin, sorrow for sin, and a turning away from sin, all with the support and prayers of God s people. We determine to provide a means that a Registered Sex Offender can live in that grace in the life of this congregation. Toward this end we establish the following policy with regard to the presence of Registered Sex Offenders in the life of the congregation. Policy: 1) Obtain release from offender and contact probation Officer for specific information about the offense. 2) Participant must sign an agreement to adhere to the following requirements for participation in church life: Participant must be physically accompanied at all times by an agreed upon, trustworthy male from the church while on church campus or attending church activities off campus where children may be present Participant is not permitted to be involved in any children s or youth ministries Participant is not permitted to be in the education wing, youth lounge, or other areas where children s and youth activities usually take place Participant must be actively involved in treatment program with qualified professional until such time that the psychiatrist/psychologist is willing to write a letter to the church stating that the individual no longer benefits from treatment Should the Participant not comply with the participation requirements, the offender will be asked to discontinue participation in church life on the church campus. 3) Ongoing and full disclosure to staff of Participant, until such time as is no longer deemed necessary. 15

16 4) Contact insurance carrier to provide appropriate information for policy coverage. 5) Reviews of compliance may be conducted periodically at the request of the Participant. This sample policy is available from Frank Sommerville, a nonprofit attorney and shareholder at We y c e r, Ka p l a n, Pu l a s k i, and Zu b e r, in Texas. Used with permission. 16

17 Sample Restrictive Access Agreement Conditional attendance for individuals who have committed severe/violent offenses and/or offenses against minors. q [Your Church Name] affirms the dignity and worth of all persons. We are committed to being a community of faith open to those who are in need of worshipping with us, especially in times of serious personal trouble. However, based on your prior criminal conviction, we have concerns about your contact with children and youth in our congregation. The following guidelines are designed to reduce the risk, to both you and them, of an incident or accusation. We welcome you to our congregation and our membership, but your participation will be limited to ensure the safety of our children and youth and to assure that you will not be subject to future accusations. OR q A serious complaint or allegation, now under review, has been made about you. While the complaint is being investigated, in order to protect the children and youth in our programs from potential risk, and in order to protect you from further suspicion, we ask you to abide by this interim agreement. Signing this document in no way constitutes a presumption or confession of guilt. This is a routine safety precaution, activated without prejudice toward particular individuals or circumstances. This document will be made known only to the Safety Director, Administrative Pastor, appropriate Children s or Youth Ministry Pastor/Director and members of the Reconciliation/ Restoration Committee. It will be kept in a locked file in the office. Within these guidelines, the congregation welcomes your participation in any adult worship services, coffee hour, committee meetings, adult education, all adult social events and well supervised intergenerational events. You understand that you will not be allowed to volunteer or chaperone events for children and adolescents, including children s religious education classes, talks with children/adolescents during worship, youth group, children s and adolescents activities during intergenerational events, and driving children and young people. Do not volunteer or agree to be involved in any events for children and youth. Remain in the presence of adults at all times when children are present. 17

18 The following activities checked Yes are activities that we feel are appropriate for your participation: q Worship Services q with Support Person* q without Support Person q Coffee Hour q with Support Person q without Support Person q Adult Meetings without children in building q Adult Meetings with children in building (example: Choir) q Have a key to the building q Intergenerational church activities with Support Person q Intergenerational group outings (example: Ice skating, baseball games, etc.) with Support Person q Alone in building with pastor or other staff person q Access to church computer q Social activities in other member s homes with children present with Support Person q Other: *A Support Person is a person who knows about your history/situation and has been designated by you with our approval, or by [Church Name] staff, to accompany you to activities where children and youth may be present. This person may not be a family member. I accept that appropriate ministry leaders may be told of my circumstances and the limitations of this covenant. I have reviewed this covenant and agree to abide by its provisions. I agree that if I violate this agreement in any way, I will be denied access to future church functions and church property. I understand that this contract will be reviewed regularly, possibly as often as every six months, and will remain in effect for an indefinite period of time. Continuation of this covenant may be dependent upon my continuing participation in treatment and/or recovery program. The individual terms of this covenant may be changed by [Your Church Name], at any time for any reason deemed appropriate by committee members. This covenant may only be concluded by appropriate [Your Church Name] staff. Signature Witness Administrative Pastor Date Date Date 18

19 Director Board Chair or Ministry Pastor Date Date 19

20 Sample Accountability Covenant A commitment to safety. REGISTERED SEX OFFENDER ACCOUNTABILITY COVENANT As a registered sex offender who has received Jesus Christ s forgiveness, I promise my church family here at Church in, that I will maintain the following guidelines for the protection of the children, the church and my witness. I will refrain from any physical or verbal contact with minors. I have received permission from my probation officer to attend church services. I agree to notify my accountability partner within 24 hours of being contacted by any law enforcement officer concerning any new charges or allegations. I will continue to participate in a treatment program with a qualified professional until that professional notifies the church in writing that such treatment is no longer needed. I will sit with my accountability partner (or his designee) during worship and other events where minors are present. I will participate in ministries involving only adults. I will refrain from using any part of the church facility where pre-school, children, or youth activities are in session, the educational wing, the youth lounge, or other areas where children and youth ministries take place. I will only use the single occupancy restrooms and coffee facilities provided in the adult areas. In the event of an emergency, I will enlist an adult, male escort to accompany me, before using restroom facilities in the main building. I will meet monthly with my accountability partner and yearly with the Senior Pastor to discuss my growth in Christ and struggles with sex. I will seek to refrain from placing myself in a questionable or compromising position in regards to special needs/mentally challenged adults attending church events. Therefore I will have no contact or ministry to special needs men without the escort and assistance of another male adult church member. I will not associate or minister to any women at any time. I will consult with my accountability partner and church staff before committing to participate or serve in any ministry opportunity (i.e., volunteer activity or event). When in doubt regarding my involvement with a specific activity, I will consult in advance the Senior Pastor and/or church staff for permission to participate. I agree to limit my participation to the following areas (*any additions need to be pre-approved by church staff): 20

21 Men s Sunday school Class Date Initial 11 AM Worship Date Initial Men s Prayer Breakfast Date Initial Minor Repair Projects Date Initial (Other) Date Initial (Other) Date Initial Before God, my church family, and Church s staff, I commit to maintaining this accountability covenant. If I fail to comply with this covenant in any way, no matter how minor, the church may revoke my right to participate in this church family and attend any church functions. Signature Date Senior Pastor Signature Date Minister of Preschool/Children Date Minister of Students Date Nominating Ministry Team Chairperson Date Accountability Partner Date This sample policy is available from Frank Sommerville, a nonprofit attorney and shareholder at We y c e r, Ka p l a n, Pu l a s k i, a n d Zu b e r, in Texas. Used with permission. 21

22 Sample Dismissal Letter When you need to ask someone to leave your church. October 7, 20xx Xxxx Xxxxxxx 111 XXXXX Street Xxxxxx, XX 4XXXXX Dear Xxxxxx, It is our desire to welcome all people to worship here at [Your Church Name]. However, we are sorry to say that we can no longer do so in your case. We wish you the best, but we are not comfortable with you attending our services or activities any longer at any campus. You are not readily falling under the authority of the church and continue to try to work around our system. Your very reluctant cooperation, argument with our policies (even the need for a policy), as well as reluctance to accept responsibility and the consequences for your actions; lead us to believe that your participation here at [Your Church Name] poses a greater risk to the church and the congregation than we are willing to allow. It is with regret that we must notify you that your attendance at any [Your Church Name] function at any location will no longer be allowed. We do hope that you will continue to study God s Word and pray, and that you may come to an understanding of the foundations undergirding our decisions. Sincerely yours, Xxxxxx Xxxxxx Executive Pastor 22

23 Sample Letter for Probation Officer Communicating with the Department of Corrections. October 6, 20xx Department of Corrections Xxxxxx Parole Office Mr. Xxxxx Xxxxxxxx Xxxxx Xxxxxxxx Street Xxxxx, XX 4xxxx Subject: Xxxx Xxxxx, XDOC #32XXX Dear Mr. Xxxxxx, Mr. Xxxxx has been attending services at [Your Church Name]. This letter will serve to notify you that we have advised Mr. Xxxxx that we are no longer comfortable allowing him to attend functions of [Your Church Name] at any location. Know that as far as we are aware, Mr. Xxxxx has not violated any terms of parole in his attendance at Woodside. He has not, however, readily fallen under the authority of the church or our additional requirements for his participation. Our duty to our congregation, in this case, outweighs our duty to Mr. Xxxxx. If you have any questions, please feel free to call us. Thank you, Xxxxx Xxxxxxx Executive Pastor 23

24 Additional Resources ChurchLawToday.com: A resource and training center for church leaders with a wealth of information on legal, tax, and management issues. YourChurchResources.com: Reference and training material for the risk management issues that affect your church. Downloads from ChurchSafety.com: Boundaries for Healthy Church Relationships Safe Mentoring Relationships Dealing with Dangerous People Child Sexual Abuse Response Plan Books, Kits, and Other Resources Church Law and Tax Report from Christianity To d ay In t e r n at i o n a l. A bimonthly print newsletter that provides practical information to church leaders on important legal and tax developments that have a direct impact on ministry. Reducing the Risk from Christianity To d ay In t e r n at i o n a l. Child sexual abuse is a very real problem in ministries today. The good news is that the risk of this occurring can be decreased when your church implements a program like Reducing The Risk, created especially for congregations by noted legal expert Richard Hammar. Predators: Pedophiles, Rapists, and Other Sex Offenders by Anna Salter. Written by a psychologist, this book draws from interviews with sex offenders to give readers a better understanding of how sexual predators think, and, ultimately, it aims to educate readers about how to avoid highrisk situations. (Basic Books, 2004; ISBN ) Sex Offender Laws: Failed Policies, New Directions by Richard G. Wright. This book examines the laws that aim to prevent recidivism among sex offenders, and it attempts to expose the faulty logic that renders these laws ineffective. (Springer, 2009; ISBN ) This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. From a Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations. Copyright 2010 by Christianity Today International. All rights reserved. 24