C M I. Youth Ministry Risk Management

Transcription

1 C M I Youth Ministry Risk Management CMI Christian Ministries Insurance & Risk Management a Division of LaPorte & Associates 5515 SE Milwaukie Ave. Portland Oregon

2 Course Outline Introduction of topic and CMI Why insurance is important What insurance covers Risk vs. reward how safe is your ministry? Five keys to protecting yourself & your ministry Case studies- what went wrong..what could have been done.. 2

3 Introduction of topic and CMI People sin..we all make poor decisions..accidents happen, even in the best of situations. God protects us and our ministry but God allows events and nature in many cases to be carried out to their natural conclusions.. CMI is a consulting firm formed with the specific purpose of helping ministries to understand risk and provide tools that protects your ministry. Scott and Bob have over 45 years of combined experience in insurance and consulting. This includes non-profit, churches, and for-profit corporations 3

4 Youth Pastor Charged in Dodge Ball Rage Assault Youth pastor resigns over misuse of funds Stay out of the Headlines Teens Injured in Van Rollover Youth Pastor Get 135 Years For Sex Cases Church sued for 2 million over dramatic youth service Girls drowns on youth outing Former youth pastor faces molestation trial Pastor Fired Over Sexual Exploitation Charges First Assembly Of God Church Fires Reverend 4

5 What Are The Consequences? People injured Claims paid Church resources used Time & expense People question ministry People leave Youth pastors loose jobs Ministry hurt Church receives bad publicity Fewer people come to know Him or grow in Him 5

6 What Insurance Covers THE BIG FOUR What Each of These is Intended to Cover Directors & Officers Sexual Acts Insurance does not cover intentional acts of stupidly Employment Pastors Professional 6

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8 Risk vs. Reward How Safe is Your Ministry? Top Ten Safety Sins (Crabtree) 1. Not enough staff 2. Too many kids in one vehicle 3. Safety is not part of the plan 4. No emergency planning 5. Students driving 6. Lack of first aid training 7. Inadequate paperwork (release forms, background checks, etc) 8. Dangerous activities 9. Lack of supervision 10. No accountability team DON T EVER SAY, IT CAN T HAPPEN T TO ME 8

9 Risk vs. Reward How Safe is Your Ministry? C M I Seven Deadly Sins 1. Sexual misconduct 2. Fallen leadership 3. Misappropriation of funds 4. Wrongful termination 5. Mission trip mishaps 6. Fire at the church 7. Construction pit falls Top Ten Safety Sins (Crabtree) 1. Not enough staff 2. Too many kids in one vehicle 3. Safety is not part of the plan 4. No emergency planning 5. Students driving 6. Lack of first aid training 7. Inadequate paperwork 8. Dangerous activities 9. Lack of supervision 10. No accountability team 9

10 Risk vs. Reward How Safe is Your Ministry? Things That DO GO Wrong Injuries to students Abuse Interns dating students Students with special needs Students driving students Lack of training No safety in mind Haven t thought through what might happen LEARN FROM YOUR MISTAKES 10

11 Risk vs. Reward How Safe is Your Ministry? Event Safety Review Activity Potential Issues Recommended Action White water Rafting Rock Climbing Boating Activity Lack of water knowledge Injury or death Ability of climbers, preparation, and knowledge of area Over crowding of boats, driver ability, crowed waters Always hire an experience, licensed river guide. Never use a church member who has a raft. Get certificate of insurance from guide and release forms from students. Have releases signed, complete training prior to event, have experienced individuals teamed up with less experienced. Have enough boats, don t over crowd boats, use life vents always. Never drag kids in inner tubs in crowded rivers or lakes, and have release forms. Make sure owners of boats have liability insurance. 11

12 Risk vs. Reward How Safe is Your Ministry? How to Evaluate Your Ministry Simple checklist Good staff to student ratio Have facilities been reviewed or inspected Equipment in good working order All forms and releases on file First aid kits up to date No student drivers Insurance info on file from event or company You & staff have thought through what might go wrong Event 12

13 Risk vs. Reward How Safe is Your Ministry? Why People Sue You did not meet the standard of care Lack of communication Hazardous activity Covering up- perception Young leadership Improper use of equipment Injured party does not have any medical insurance People think they can get a big settlement 13

14 Risk vs. Reward How Safe is Your Ministry? Release Forms and Agreements What these forms do for you o Provides the best possible care o Show you are doing the prudent thing o Helps communicate with parents o Identifies activities o Leads to parents questions o Gives directions o Provides defense 14

15 Risk vs. Reward How Safe is Your Ministry? Sample Letter and Form 15

16 Risk vs. Reward How Safe is Your Ministry? Release Forms and Agreements Kinds Specific event release o Completed for each event o Requires lots of paperwork and file mgt Single release for all events o Completed annually o Just one doc on file o Does not always anticipate new activities 16

17 Risk vs. Reward How Safe is Your Ministry? An Effective Training Program Components First aid training (red Cross) CPR General orientation to ministry Review of church constitution and bylaws Review of CE/youth policies & procedures Review of sexual abuse & harassment policy Training on abuse recognition Safe driver training Vehicle inspection Activity planning training How to respond to borderline kids Training on staff behavior standards 17

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19 Five Keys to Protecting Yourself & Your Ministry Establish an Oversight Team Why? o Keeps you on track o Provides support & evaluation o Gives you a second/third set of eyes o Builds a team for future Who? o Four to six people o Good mix of ages, no one under 25 or over 60 o Parents ok WE WE ALSO ALSO RECOMMEND RECOMMEND YOU YOU HAVE HAVE ONE ONE ACCOUNTABILITY ACCOUNTABILITY PARTNER. PARTNER. PURCHASE PURCHASE A A COVENANT COVENANT EYES EYES PROGRAM PROGRAM WITH WITH A A FRIEND FRIEND 19

20 Five Keys to Protecting Yourself & Your Ministry Keep Written Records Policies & Procedures -youth o Volunteer/employee screening o Supervision o Injuries & illness o Discipline o MVR records o Notice of injury procedure o Chain of command o General safety rules o Behavioral guidelines 20

21 Five Keys to Protecting Yourself & Your Ministry Communicate With Parents At least annually Have entire team involved Show clear goals Review any incidents or accidents (no names) Student & staff behavior policy Parent notification procedure 21

22 Five Keys to Protecting Yourself & Your Ministry Review Each Activity With Safety in Mind Each activity needs to be reviewed annually by team o Review any incidents or accidents o Was facility adequate? o Was camp facility safe? o Was any training needed? o What are three possible injuries? o Feed back form kids or parents o What is the condition of equipment? Provide summary to church board 22

23 Five Keys to Protecting Yourself & Your Ministry Complete Background Checks on All Volunteers and Staff Complete application Ask if they have any convictions of any kind Ask if they have any sexual abuse allegations or convictions Ask if they have had any kind of claims made against them for fraud Complete bi-annual checks, keep on file Do complete reference check, be specific.. 23

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25 Case Studies Case Summary Student is injured by youth pastor at a dodge ball game. The youth pastor involved in the activity threw the ball and hit the student in the eye, causing injury. Outcome Youth pastor and church were found liable for all medical bills and pain and suffering. Total paid, $15,000 Prevention The youth pastor and all staff need to be trained not to feel the need to win. If there was an accountability team, this might have been caught and discussed with the youth pastor If you think about it, some ideas are really stupid 25

26 Case Studies Case Summary Pastor at a church in CA had been accused of sexual abuse of students that lasted over many years, and involved many different individuals. He was working as a youth pastor at the time, and was promoted to associate pastor two years ago. The activity involved three teen girls. Outcome The case was settled out of court for 6.7 million Prevention 26

27 Case Studies Case Summary Youth volunteer resigns over alleged sexual abuse of student in youth sports program. Church is quick to acknowledge that youth volunteer was never alone with any students. Church has produced written policies and procedures. These state that all youth workers are to never be alone with students. They also produced criminal background check of individual, which was clean. Outcome No claims brought against church Prevention The church did everything correct completed background checks Had written policy provided training to all volunteers and staff communicated to parents policy 27

28 Case Studies Case Summary At a church youth camp, leadership held a late night scenario as follows; Later that night some of the staff posed as terrorists who were there to kill the Christians. The kids were kept in their dorm rooms, but were allowed to look out the windows. They didn't kidnap any kids, but they did pretend to kidnap and beat the youth director out in front of the dorms. This happened pre 9-11, but would have gone to trial post The claimant in this case was a fifth grade girl who had witnessed her neighbor's suicide weeks earlier and whose parents sent her to the camp to get her mind off of it. Outcome $40,000 out of court settlement Prevention Don t try to be over the top when it comes to these kinds of things. Know your kids..could there have been another way to get the message across? 28

29 Case Studies Case Summary Church went to camp for retreat. One of the activities was to pull students around in a metal dish behind a snowmobile. The activity took place in a field that was fenced, with barb wire. The driver and employee of the camp came too close to the fence and the student ended up in the fence. Student had three inch cuts to the throat, and face. Outcome Camp insurance paid the medical bills of $5,000. No action against the church Prevention Church had requested proper insurance from the camp, and had all release forms from the parents and camp on file. The youth pastor and other leaders did not do any evaluation of the event, which they said they should have, and could have prevented the accident 29

30 Case Studies Case Summary A church and the insurer sued the former youth pastor for actions involving a sexual relationship he had with a student. The church was asking for $150,000 in damages. The youth pastor acknowledged a two year relationship with a high school girl. The pastor later resigned. The $150,000 was paid to the victim and the church stated that the responsible party should bear some if not all of the responsibility. Outcome Settled out of court for unknown amount Prevention A background and reference check would have picked up previous allegations at another church 5 years prior. 30

31 Case Studies Case Summary Church and former youth pastor are sued over sexual abuse of two young boys. The church knew the youth volunteer had a history (no criminal record) of molestation, but allowed him to work with youth anyway. Injured parties sued for $500,000. Outcome Claim was settled for $250,000. Prevention The church should have had a written policy against such a person being allowed to be in ministry. The church said they were a place of healing and restoration, but the jury said they put safety above that. A better application process, reference, and background checks were in order. 31

32 Case Studies Case Summary Three students were injured in a van roll over. The church used one 15 passenger van to carry 15 students. In addition, they had loaded the top of the van with over 1,500 pounds of gear. The van rolled over while going around a corner. The three students suffered injuries with medical bills of over $15,000. Outcome The insurance for the church paid the medical bill and special damages. The reason is that the youth pastor exceed the maximum weight limitations as set by the manufacturer. Prevention 15 passenger vans have the worst safety record in the history of motor vehicle accidents. The design is poor and combined with an over capacity problem has caused hundreds of deaths and thousands of injuries. Always use a passenger load of less than recommended. Never place gear on top, use a second van or trailer. Never store gear in the back of a van. Never load a van higher than the seats. 32

33 Case Studies Case Summary Youth group rented a skate park for a youth fun night. The park itself was over 10 years old and was in need of repair. One of the participants invited a non Christian who fell and broke his leg. The cause of the injury was determined to be the seals in the concrete. The church was asked by the parents to pay the medical bills. What the church found out was the skate park did not have any insurance. The churches insurance also excluded the claim. Outcome The church paid the bills $3,000 out of its own pocket. Prevention There was no parent permission slip signed and no agreement with the skate park. The youth pastor did no prep work in advance of the event. The student never came back to the church. 33

34 Case Studies Case Summary A 16 year old student needed a ride home from youth group. The student said her parents gave her permission to go home with a 20 year old friend and youth volunteer. The youth pastor gave the ok. The 18 yr old and 16 yr old were in an accident. The parents never gave any permission for their daughter to be in another vehicle. The church had a permission slip on file that confirmed this. Outcome The church insurance paid 4,700 in medical bills. Prevention The youth program suffered credibility, and the family left the church Make sure you have proper documents and you follow them. 34

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36 Portions of this material were provided by Brotherhood Mutual Insurance Co. Guide One Church Mutual Better Safe Than Sued by Jack Crabtree Church Busienss.com 36

37 Scott Stuart Partner Robert H Lilly Managing Partner 5515 Se Milwaukie Ave Portland Oregon [email protected] [email protected] cmirisk.com 37