Cornerstone Church Protection and Abuse Prevention Policy for Working with Children, Students and Vulnerable Adults

Transcription

1 1 Cornerstone Church Protection and Abuse Prevention Policy for Working with Children, Students and Vulnerable Adults December 1, 2011 Edits: Page 7, IV.B.6 deleted For applicants under 18, the two references provided on Appendix A will be contacted via phone or . The parent covenant replaced this process. Page 7, IV.B.8, added, The individual will also be assigned a background check block in Servant Keeper. Page 7, IV.B.10, changed monthly to periodically

2 2 **SEE SECTION VI. FOR REPORTING AND RESPONSE TO ABUSE ALLEGATIONS I. GENERAL PURPOSE STATEMENT All people are precious to God and to Cornerstone Church ( Cornerstone ). Sadly, abuse remains a reality in today s society. Therefore, Cornerstone, as a Christian ministry, has a moral responsibility to address this issue to insure that each person within the care of our ministry can continue to develop a healthy, spiritual and happy life within a caring and loving Christian community environment without the unwanted intrusion of abuse. The goals of the policies stated in this document include: Protecting all people using our facilities from all forms of abuse, especially sexual abuse Protecting our Care Providers, both volunteer and paid staff, from false allegations of child abuse Protecting the integrity of our ministry Protecting the privacy of our Care Providers In order to reach these goals, Cornerstone has adopted and implemented these policies and procedures pertaining to the screening, supervision, training and education of Care Providers, as well as policies and procedures for reporting and responding to allegations of abuse. THEREFORE, it is the policy of Cornerstone to protect all people participating in its ministry from all forms of abuse: physical, emotional, neglect, sexual abuse, sexual molestation, exposure to sexually explicitly materials, etc. It is also the policy of Cornerstone to encourage everyone associated with Cornerstone to avoid even the appearance of such named conduct in order to prevent any potential misunderstandings that may give rise to false accusations against a Care Provider who is providing services involving people in our ministry. II. DEFINITIONS OF TERMS Adult: a person at least 18 years of age Child: a person under 18 years of age. When used in conjunction with Student, a person who has not completed fifth grade. Student: a person who has completed fifth grade but is younger than 18 years of age. Vulnerable Adult: a person who because of age, physical condition or mental capacity, may be vulnerable to abuse by another Applicant: a person who is applying to be approved by Cornerstone as a Care Provider Appropriate Conduct: conduct that one could reasonably assume would be acceptable and permissible by

3 3 Christian standards Abuse: harm or threats to a person s health or welfare which occurs through non-accidental or uncontrolled physical or mental injury; neglect; sexual abuse; sexual exploitation; sexual harassment; sexual molestation; disseminating, exhibiting or displaying sexually explicit material Care Provider (or Leader if used in conjunction with Students): all pastors, employees, lay leaders, counselors and volunteers who work in any capacity with children, students or vulnerable adults at or through Cornerstone ministries or programs scheduled by Cornerstone. Care Providers do not include Related Group Child Care Providers. Related Group Child Care Provider: any person who, on behalf of a group related to Cornerstone composed at least in part of members or regular attendees of Cornerstone, provides any services, care, guidance, assistance or supervision ( Services ) of a child or student in Cornerstone Facilities where the group function is scheduled by or the Services of such person are arranged by members of the group. Facility User Child Care Provider: any person who, on behalf of an organization other than Cornerstone, provides any services, care, guidance, assistance or supervision for a child, student or vulnerable adult on or in the Cornerstone facilities for more than 20 days in a calendar year. Policy: the Cornerstone Protection and Abuse Prevention Policies Sexual Abuse: engaging in any sexual contact, sexual exploitation, sexual harassment, sexual molestation, and/or disseminating, exhibiting, or displaying sexually explicit material to a child, student or vulnerable adult, regardless of whether such conduct is with or without the knowledge or consent of the child, student or vulnerable adult. Sexual abuse may be violent or nonviolent. It includes sexual behaviors involving touching, such as fondling, as well as penetration, intercourse and rape. It also includes sexual behavior that does not include touching, such as sexually suggestive comments, obscene phone calls or text messages, inappropriate electronic communication through or social media outlets, exhibitionism, displaying pornographic materials, and allowing children to witness sexual activity and all activities which constitute Criminal Sexual Conduct under the laws of the state of Michigan. III. STANDARDS OF CONDUCT A. Permitted Conduct The expressing and sharing of one s Christian love to a person shall not be considered to be abuse or be in any way prohibited, restricted or limited by these policies. The following conduct by a Care Provider will be considered to be an expression of this Christian love and not abuse or even creating the appearance of abuse: Appropriately holding and comforting a person

4 4 Occasionally and appropriately hugging or embracing a person, especially when initiated by the person Sharing emotional and spiritual concerns Providing necessary medical care and attention Encouraging someone to appropriately express and share their Christian love for one another and Christ STUDENT MINISTRY NOTE: Displays of affection on the part of any leader toward a student will be limited to such actions as a brief hug, an arm around the shoulders, an open-hand pat on the back, a handclasp or handshake, or a light touch to the forearm. A leader will not single out one youth for affection. All students and leaders will respect the other person s right to refuse a display of affection. Leaders will not encourage displays of affection in a group context that may intimidate, manipulate, or frighten a student. B. Guidelines for Private Conversations and/or Counseling Private conversations create a very high risk environment for child abuse issues to arise. They create an ideal opportunity for: (1) child abuse to occur, (2) a false appearance that child abuse may be occurring, and (3) a false, but difficult to refute, allegation by a child that an incident of abuse did occur. STUDENT MINISTRY NOTE: one-on-one counseling with a student of the opposite sex will be avoided unless it is the best option for the situation and/or student. Before engaging in a private conversation with a child, a Care Provider will weigh and balance the following considerations: Location. Private conversations can be conducted in very public and populated locations. If possible, all conversations will be conducted in public place, easily accessible by others. Necessity. If the conversation does not involve personal matters (i.e., struggles, deep issues at home/school, emotional issues), but is generally small talk, it is not necessary to be alone with a child in a private location. Relationship. Be sure you have a good, healthy relationship with the child. Immediately cease private conversations if any romantic interests start to develop. Frequency. Frequent private conversations can create difficulties in the child s healthy development as well as increase problems with issues involving child abuse. Ability. If a child s spiritual or emotional needs are significant, consider referring them to a pastor or professional counselor. Don t over-estimate your own counseling abilities. Reliability. Consider the emotional stability and maturity of the child. If lacking, you may not be the one best qualified to counsel him/her. In addition, an emotionally unstable or immature child may create the highest risk of false accusations. Appearance. Maintain an appropriate appearance around children at all times, including modesty of dress and cleanliness.

5 Substance of conversation. The substance of your conversation will remain appropriate at all times. Touching. Although hugging an child in a public location when several others are present may be appropriate, physical contact such as hugging, embracing, or holding the child in a private, isolated location creates a very high risk of being misconstrued and will be avoided. Communication. The Kids or Student Director will always be informed of counseling meetings prior to them occurring. Also, one-on-one counseling will always occur with the permission of the child's parent or guardian. Remember, words and conduct that you may consider to be appropriate and innocent at the time can subsequently be made to appear very inappropriate or sinister. STUDENT MINISTRY NOTE: Conversations with students are confidential EXCEPT when it is deemed that the youth s thoughts or activities pose a danger or threat to themselves or to others. When a student shares something of this nature, the initial step is to inform the Student Director(s) immediately of the situation. The Student Director(s) will consult with the leaders and decide on the best course of action as to whether parents, pastors, and/or Kent County Child & Adult Protective Services (phone number: ) are to be immediately informed. Our first responsibility is to the student s wellbeing; not to the parents or to friendship with parents. All student leaders and volunteers are on the same side with parents. We will not join a teenager in bashing his/her parents verbally. The following is a short list of areas that must be immediately communicated to Student Director if disclosed during a student meeting: Illegal behavior Physical harm/abuse to self or another Cutting Suicide comments Addictions: alcohol, drugs, porn, etc. Homosexuality Examples of areas that do not necessarily need to be reported to Student Director(s): Fighting/issues with friends or parents Pressure at school Non-harmful boyfriend/girlfriend issues normal faith issues C. Prohibited Conduct To achieve the goal of preventing any forms of child abuse or the potential of false allegations of abuse, Care Providers shall not engage in any of the following conduct with any child, student or vulnerable adult: 5

6 Abuse, including sexual abuse Sexual exploitation, harassment or molestation Disseminating, exhibiting, or displaying sexually explicit materials Privately exchange gifts, phone calls, letters, s, text messages or other communication (including Facebook, Twitter, etc.) that is perceived as intimate in nature. Hitting, kicking, slapping, shaking or shoving Selling, giving or furnishing any tobacco substance, alcohol, or controlled drug Swearing or using obscene, foul, or sexually explicit language Demonstrating any romantic or sexual interest (i.e., dating or going out ) Removing any clothing, except when appropriately required under necessary circumstances (e.g., changing an infant s diaper) Wearing anything but appropriate attire in their presence Kissing on the lips or in an intimate area Extended or inappropriate hugging or embracing Sleeping in the same bed or bedding Remaining in any building, room, motor vehicle or private place except as permitted in these policies Assisting in the rest room except as permitted in these policies Denying anyone who is not a threat access into a room, vehicle or other place in which you are present with a child, student or vulnerable adult IV. SCREENING OF APPLICANTS A. General Purpose Statement All individuals applying to work with children, students or vulnerable adults shall satisfactorily complete the screening process required in these policies before being permitted to work with or provide any services to children, students or vulnerable adults. B. Screening Procedures 1. Each applicant will be interviewed by a designated adult from the appropriate ministry. 2. Each Applicant will be given a copy of the Policy and will complete an Application Form (Appendix A) which will include an acknowledgment that the Applicant has read the Policy. 3. Cornerstone will obtain a criminal record report from the Michigan State Police ( and will perform a check in the National Sex Offender Registry ( **NOTE: this step is not applicable for students under 18 who volunteer as care providers 4. If the Applicant has lived out of state in the last five years, the Applicant will note as such on the Application Form, and a criminal record report from the Applicant s prior state(s) of residence will be obtained. **NOTE: this step is not applicable for students under 18 who volunteer as care providers 5. For applicants under 18, a parent will sign the parent covenant at Appendix C. 6

7 6. After all of the screening documents and information have been obtained, then a determination will be made as to whether the Applicant is qualified to serve as a Care Provider. This determination shall be made by the appropriate director of ministry. 7. If the Applicant is not approved to serve as a Care Provider, the Applicant will be notified and, if requested, a copy of all documents and records will be provided to him/her. The individual will also be assigned a background check block in Servant Keeper. 8. For each Care Provider serving Cornerstone, the office of Cornerstone shall prepare and maintain a permanent confidential file. Each confidential file shall contain all of the documents and information received during the screening process in reference to that Applicant and shall be subject to the Confidentiality Policy set forth in Section VII. 9. The screening procedures above will be repeated every two years for all Care Providers. Periodically, a report will be run in Servant Keeper to identify Care Providers who must renew their application, following the steps above. C. Screening Qualifications 1. No one shall be permitted to serve as a Care Provider who, in the belief of the Church, may represent a potential threat of committing child abuse or violating any of the policies, standards or provisions contained in these Protection Policies. 2. No one shall be permitted to serve as a Care Provider if they are known to have been previously convicted of, or pled guilty or no contest to, any crime arising out of any act or conduct involving abuse, which includes but is not limited to any act or conduct which is of a sexual, molesting, seductive, or criminally deviant nature, whether or not such conduct involved a child. 3. No one shall be permitted to serve as a Care Provider who has acknowledged or admitted that he/she has participated as a perpetrator in any previous act of abuse. 4. Any applicant or volunteer who is a survivor of child abuse in the past must meet with a staff member prior to service in a position with direct relation to children. 5. No Care Provider under 18 years of age shall be the sole Care Provider of any function or in any room or facility unless all of the following are met: a. It is in a regularly scheduled Sunday School class or small group breakout b. The door to the room in which they are located is open c. There are at least two other children or adults in the room or facility d. The period in which the Care Provider is the sole Care Provider is less than thirty minutes 6. No Facility User Care Provider shall be allowed to use the Cornerstone Facilities unless the sponsoring organization has: a. Adopted and implemented this Policy or reasonably comparable screening requirements and rules approved by Cornerstone, and b. Certified in writing to Cornerstone that such procedures and rules have been adopted and are being complied with and that all Facility User Care Providers have met all the criteria of the procedures and rules 7

8 8 V. SUPERVISION OF CARE PROVIDERS A. General Purpose Statement Proper supervision of Care Providers is necessary to avoid creating the opportunity for both actual child abuse and false accusations of child abuse to occur. Special attention will be given to certain high-risk areas, such as restrooms, dorms and overnights. B. Rules and Procedures 1. Provide adequate personnel. There will be two Care Providers present in each room with any child or student during any Church activity. At any overnight Church activity there shall be at least two adult Care Providers of each sex present at the activity. 2. Parental permission. Consent of the parent or guardian will be obtained by the Care Provider before going out alone or spending time with the child or student in an unsupervised situation. A transportation waiver can be obtained for the year, and verbal permission can be granted in case of last minute emergencies. 3. Restroom rules and procedures: (this does not pertain to students who have completed the fifth grade) One Child Care Provider will accompany a child to the restroom; visually inspect it, then wait outside the door. If young children need assistance in the restroom, a Child Care Provider of the same sex may assist; in that event the Child Care Provider will have another Child Care Provider or an adult accompany them into the bathroom. Children s Worship: A restroom break should be allowed for everyone prior to the beginning of the class. 4. Overnight rules and procedures All Child Care Providers will be cleared in advance with the Director of Ministry (i.e., Kids, Students). 5. Nursery, toddler and children four years old and younger rules and procedures These children will be released to a properly identified and preauthorized adult. The church s goal is to have at least one screened adult Child Care Provider per room plus one parent or Youth. 6. Discuss suspicious behavior immediately Any inappropriate conduct or relationships between a Child Care Provider and a student or a child will be confronted immediately and investigated. The Director will determine if termination of services is necessary, depending on the gravity of the violation. Written notes of any such matter will be noted in the Child Care Provider s file. 7. Discuss potential criminal sanctions with Child Care Providers Adults who work with children and students will understand through annual training sessions that sexual relationships with minors can lead to a felony conviction and imprisonment. 8. Windows required on classroom doors classrooms to areas used by minors will have windows. They should be made out of shatterproof glass. The Doors to such classrooms will be left open during use unless it is excessively noisy, so that persons passing by can observe inside. Random visits will be made to all classrooms. VI. REPORTING AND RESPONSE TO ABUSE ALLEGATIONS

9 9 A. General Purpose Statement Cornerstone believes that child abuse will not be tolerated; children must be protected from all forms of abuse. The reporting of child abuse must be handled delicately and appropriately with the rights of confidentiality and privacy of both the suspected victim and the accused being protected. B. Reporting Requirements Mandatory reporters under Michigan s Child Abuse Law are required to report not only for actual proven abuse, but also reasonable suspicions of abuse. Mandatory reporters include regulated child care providers. C. Reporting and Response Procedures 1. A child Care Provider will immediately report to the Kid/Student Director if he/she suspects child abuse due to: a) witnessing an abusive incident, b) having a child state they have been abused (this is often called a disclosure), or c) by observing warning signs of abuse. The Kids Director is Bethann Fernandez (cell: ), Middle School Director is Chris McKenna (cell: ), High School Director is Betsy Marvin (cell: ). If one of these parties is not immediately available, contact the on-duty Safety Team member. 2. Under NO circumstances are the child/adult who was allegedly abused or the alleged perpetrator to be interviewed or pressed for additional details after the initial disclosure. Doing this may impair the case against the perpetrator. 3. If the event occurs on church grounds, Protection must be provided to the child and/or adult to prevent further exposure to abuse. Protection must also be provided for the accused to prevent him or her from potential conflicts. The accused individual will not be addressed by anyone other than the Executive Director, Pastor, or Kid/Student Director. 4. The Child Care Provider reporting under Section VI.C.1 will fill out Appendix B immediately and give it to the Kid/Student Director for review. All conversations and documentation are to be treated with confidence, as directed in Section VII Confidentiality Policy **Note that the State of Michigan requires an oral report of abuse to Child or Adult Protective Services ( ) within 24 hours of receiving the disclosure and in written form no later than 72 hours after the disclosure (DSS form 3200). A decision to notify these parties will be made by the Pastor. 5. The Kid/Student Director or Executive Director must immediately notify the Pastor of any abuse allegations. 6. If it is determined that further action is warranted, the Pastor or Executive Director will report the incident to the Kent County Sheriff ( ) and/or Child/Adult Protective Services ( ). **Consider having an attorney present for all conversations with social service agencies and/or law enforcement. 7. Any accused worker will be relieved temporarily of his or her duties until the investigation is completed.

10 8. No victim involved in an allegation or anyone responsible for reporting or investigating an allegation will be retaliated against. VII. CONFIDENTIALITY POLICY A. All screening information will be maintained in locked files. B. Complaints, allegation and any reports on investigations of them shall be maintained in the same manner. C. Information will be provided to law enforcement agencies, departments of social services or other governmental agencies to the extent required by law. D. The Application and/or Child Care Provider will be provided a copy of any adverse information in any document in his or her file and shall be permitted to enter in his or her file a written denial, or explanation of any such information. If any adverse information regarding the Applicant or Child Care Provider was provided to any other person as permitted in these policies, any written denial or explanation in the Applicant s Child Care Provider s file shall also be provided. 10 VIII. APPENDICES A. A p plication Form B. Suspected Abuse Incident Reporting Form (also called Appendix G in the Safety Manual) C. P a r e n t C o v e n a n t