Safe Sanctuary Policy

Transcription

1 Safe Sanctuary Policy for Ward s Chapel United Methodist Church

2 Table of Contents Section 1: Levels of Child and Youth Supervisors. pg. 2 Section 2: Disqualification from Child and Youth Supervision. pg. 3 Section 3: Rules for Supervisors and Supervision of Children and Youth..pg. 4 Section 4: Reporting Procedures.pg. 5 Section 5: Responding to Allegations of Abuse or Neglect...pg. 7 Section 6: Implementation.pg. 8 Section 7: Registered Sex Offenders......pg. 9 Section 8: Policy Review and Amendment pg. 10 Appendices: Appendix 1: Crime of Violence, Maryland Criminal Code pg. 12 Appendix 2: Maryland State Law 5-701, 5-705, 5-707, pg. 13 Appendix 3: False Reporting, Maryland Criminal Code pg. 17 Appendix 4: Incident Form....pg. 18 Appendix 5: Reporting Contact Form pg. 20 Appendix 6: Acknowledgement of Safe Sanctuary Policy.. pg. 21 Appendix 7: Safe Sanctuary Volunteer Application.pg. 22 Appendix 8: Reference Check Form.....pg. 24 Appendix 9: Safe Sanctuary Interview Form...pg. 25 Appendix 10:Sexual Conduct Questionnaire...pg. 26 Appendix 11:Covenant Letter for Registered Sex Offender.. pg. 28 WCUMC Safe Sanctuary Policy November 2012 Page 1

3 Section 1: Levels of Child and Youth Supervisors WCUMC recognizes three levels of adult supervisors of children and youth. Each level corresponds to a general degree of continuous and deep involvement with children and youth. Below are listed staff or volunteer positions and the background checks and other requirements falling within each level of child supervision covered by this policy. Training in Safe Sanctuaries referenced below is based on Safe Sanctuaries - Reducing the Risk of Child Abuse in the Church by Joy Thornburg Melton. Section Level A: (Heavy and frequent involvement with children and youth) Pastor Lay Leader Chair of Christian Education Youth Ministries Leader Bell Choir Director Nursery Attendants Nursery Assistants Sunday School Superintendent Preschool Director Preschool Teachers Preschool Assitants Preschool Office Manager Section Level A requirements Filled out employment or volunteer application (Appendix 7) Filled out Sexual Misconduct Questionnaire Signed acknowledgement for receiving a copy of WCUMC Safe Sanctuary policy (Appendix 6) Has been interviewed Completed reference check Has attended WCUMC Safe Sanctuary class Criminal records form filled out and taken by adult to Criminal Justice Information System for background check/fingerprinting. This is a one- time check as CJIS will inform WCUMC via alert letter should individual bearrested for listed crimes. Section Level B: (Moderate and regular involvement with children and youth) Sunday School Teacher Bell Choir Director Vacation Bible School Director Vacation Bible School Assistant Director Youth Group Event Planners Overnight Youth Group Chaperone WCUMC Safe Sanctuary Policy November 2012 Page 2

4 Section Level B requirements: Filled out a volunteer application Filled out Sexual Misconduct Questionnaire Signed acknowledgement for receiving a copy of WCUMC Safe Sanctuary policy Has been interviewed Completed reference check Has attended WCUMC Safe Sanctuary class Completion of criminal records check authorization form Criminal records checked every months. Section Level C: (Irregular and infrequent involvement with children and youth) Sunday School Assistant Sunday School Substitute Vacation Bible School Teacher or Assitant Youth Group Leader Youth Group Chaperone Section Level C requirements: Filled out a volunteer application Filled out Sexual Misconduct Questionnaire Signed acknowledgement for receiving a copy of WCUMC Safe Sanctuary policy Has been interviewed Completed reference check Completion of criminal records check authorization form Criminal records checked every months Section 2: Disqualification from Child and Youth Supervision WCUMC will not knowingly permit any person to work with children if that person has criminal pending charges or has received a conviction, a probation before judgment, a finding of not criminally responsible, or a finding of not guilty by reason of insanity for the commission or attempted commission of the following crimes or their equivalents: (1) Any crime involving violence against a person including but not limited to Maryland Criminal Law section (See Appendix 1 for section ) (2) Child abuse or neglect (3) Sexual misconduct (4) Pornography (5) Sale or distribution of illegal drugs limited to the last 10 years (6) Possession of illegal drugs limited to the last 10 years not including probation before judgment (7) Cruelty to animals (8) Stalking (9) Harassment limited to the last 10 years (10) Reckless endangerment limited to the last 10 years WCUMC Safe Sanctuary Policy November 2012 Page 3

5 Section 3: Rules for Supervisors and Supervision of Children and Youth This section lists the rules which Ward s Chapel United Methodist Church, its Staff and Volunteers follow when 1) selecting adults to supervise children and youth, 2) supervising children and youth, and 3) allowing outside organizations use of the Church grounds and building. Section 3.1: Adult Selection Rules 3.1.1: The Six Months Involvement Rule" The "Six Months Involvement Rule" requires all volunteers that want to work with children and youth to be in attendance at Ward s Chapel United Methodist Church for at least six months before they are allowed in any position involving contact-with minors. Upon Pastor Approval, WCUMC reserves the right to waive the six month involvement rule : Youth Leaders Minimum Age Leaders of youth ministry working under the Pastor of Youth Ministry must be 18 years old or older : No Supervisor under age 18 People under age eighteen can assist a responsible adult, but they should not substitute for an adult under the Two Adult Rule (see below) : The "Five-Years-Older" Rule Any adult must be at least five-years-older than any child/youth that he/she is supervising : Event Driver of Children and Youth Persons having a DUI or DWI conviction or probation before judgment within five (5) years immediately prior to an event or currently showing alcohol restrictions on their Motor Vehicle Records shall not be allowed to act as an event driver. All event drivers must be age 25 or older and provide a copy of the front and back of their driver's license. Event drivers must supply WCUMC with a certified copy of their driving record every months and may request reimbursement from WCUMC. Section 3.2: Rules for Supervision of Children and Youth The "Two Adult Rule" The "Two Adult Rule" goal is to have no fewer than two Level B or higher adults be present at all times during a church sponsored program, event or ministry focusing on children or youth. If this is not possible, there will be a roving Level B or higher adult who moves amid the classroom/event during the program period. No adult should be with any one youth at any time. WCUMC Safe Sanctuary Policy November 2012 Page 4

6 3.2.2 Advance Notice to Parents for off-site events A basic rule with children and youth ministry is to always give parents advance notice and full information regarding the event(s) in which their children will participate. Before the event, parents must give written permission for their child to participate Windows in All Classroom Doors Each room set aside for children and youth will have a door with a window in it or half door with the upper half remaining open. Any classroom door without a window or a half-door should remain open at all times. 3.3 Outside groups utilizing church facilities Any organization that focuses on children or youth using Ward s Chapel United Methodist church facilities must provide a copy of the organization's youth protection policy or must adhere to Ward s Chapel United Methodist Safe Sanctuary policy. Section 4: Reporting Procedures Maryland State law provides for mandatory reporting when a person has reason to believe that a child has been abused or neglected. WCUMC policy will adhere to Maryland Law for reporting suspected abuse or neglect. All cited provisions of Family law Title 5 are in Appendix Immunity for Reporting Maryland law provides immunity for those who, in good faith, report suspected child abuse or neglect. Any person who makes or participates in making a report of abuse or neglect under 5-704, 5-705, or or participates in an investigation or a resulting judicial proceeding shall have immunity from civil liability or criminal penalty. See Courts and Judicial Proceedings Child Welfare Information Gateway. Available online at policies/statutes/immunitv.cfm. Note that Maryland law also provides criminal penalties for making false reports to a law enforcement office. See Courts and Judicial Proceedings (Appendix 3) 4.2 Compliance with Reporting Requirements and Procedures To comply with Maryland law, Ward s Chapel United Methodist Church will use the following procedure in reporting suspected child abuse or neglect: 1. Upon receiving information or allegations of abuse or neglect, the reporter (person witnessing the incident or allegations) must immediately perform two tasks: a. If the incident recently occurred, the reporter's first duty is to protect the child by removing him or her from the location of the accused, securing the scene, and safeguarding any other children in the reporter's care. b. The reporter must also contact the Pastor to inform him or her of the situation. If the Pastor is unavailable, alternate points of contact are the chair of Christian Education, the Youth Ministries Leader and the Sunday School Superintendent WCUMC Safe Sanctuary Policy November 2012 Page 5

7 2. The reporter, assisted by the Pastor, Lay Leader, Chair of Christian Education or Sunday School Superintendent will contact the local department of social services and provide an oral report. The reporter must fill out an Incident form (Appendix 4). The church leader assisting will us the Reporting Contact form (Appendix 5) to make a record of calls. Contact information for Department of Social Services Child Protective Services Baltimore County, Maryland: Tel: (410) (24 hours) (Option 1) FAX: (410) Address: Drumcastle Government Center, 6401 York Road, Baltimore, Maryland Carroll County, Maryland: Tel: (410) (24 hours) (Baltimore Area: ) FAX: (410) Address: 10 Distillery Drive Westminster, Maryland Pursuant to 5-704(c), a report of abuse or neglect, whenever reasonably possible, shall include the following information: a. The name, age, and home address of the child b. The name and home address of the child's parent or other person responsible for the child's care c. The whereabouts of the child. d. The nature and extent of the abuse or neglect of the child, including any evidence or information available to the reporter concerning possible previous instances of abuse or neglect. e. Any other information that might be helpful to determine the cause of the suspected abuse or neglect and the identity of any individual responsible for the abuse or neglect. 4. If the alleged abuser is a child or youth worker or other church staff, that individual will be immediately removed from further contact with children by the Pastor or Lay Leader or Chair of Christian Education or Leader of Youth Ministries or the Sunday School Superintendent, Removal will remain in effect until expressly rescinded by the Pastor or person acting in his or her stead. 5. Concurrent with State reporting, the Pastor shall inform the Baltimore Washington District Superintendent of the United Methodist Church. 6. Following completion of the mandatory reporting requirements, the Pastor or Lay Leader or Chair of Christian Education or Leader of Youth Ministries or Sunday School Superintendent will contact the church s insurance carrier and the Chair of the Board of Trustees. WCUMC Safe Sanctuary Policy November 2012 Page 6

8 Section 5: Responding to Allegations of Abuse or Neglect Section 5.1 Attitude toward Allegations All allegations of abuse or neglect will be taken seriously. We must respond faithfully and honestly to the alleged victim and the accused. Section 5.2 Addressing Inquiries In addition to fulfilling State reporting requirements, Ward s Chapel United Methodist Church must also be prepared to respond to inquiries from the congregation and the media Media Inquiries Ward s Chapel United Methodist Church's attorney shall respond to media inquiries regarding allegations of abuse or neglect. The church attorney is the only person authorized to make statements to the media. Ward s Chapel United Methodist Church staff and others including member of the congregation should decline invitations to speak with the media and should forward all requests for statements to the church attorney Congregational Inquiries Ward s Chapel United Methodist Church will respond to congregational inquires about alleged incidents of abuse or neglect to the maximum extent permitted by law. WCUMC Safe Sanctuary Policy November 2012 Page 7

9 Section 6: Implementation Implementation of this policy requires Ward s Chapel United Methodist Church to allocate resources for additional staff and/or obtain volunteers to 1) manage and maintain the records and documents pertaining to Safe Sanctuaries (volunteer and staff applications, consent to conduct background check, receipt of policy), 2) conduct reference checks, 3) evaluate criminal records and make recommendations and decisions regarding eligibility to supervise children and youth. Given the highly sensitive and personal nature of the information, particularly the criminal records, any and all individuals who will have contact with this information must sign a confidentiality agreement. Ward s Chapel United Methodist Church believes that very few individuals applying to supervise children and youth will have criminal records which will bar them from doing so. In the small percentage of cases in which a criminal record is found, someone with expertise in reading and interpreting these records must do the evaluation. In some cases, only someone with knowledge of and experience with these records can make an assessment that is both fair to the applicant and provides our children and youth with the most secure environment the Church can provide. Ward s Chapel United Methodist Church will find or hire someone with this expertise. Implementation of this policy requires Ward s Chapel United Methodist Church to hire an attorney. WCUMC Safe Sanctuary Policy November 2012 Page 8

10 Section 7: Registered Sex Offenders Maryland, the District of Columbia and West Virginia all maintain registries of sex offenders, which attempt to list all persons residing anywhere in those jurisdictions who have been convicted by a court of law of any of a very wide variety of sexual offenses. The registry in all three jurisdictions is available for public review and may be searched online at (1) for Maryland; (2) for the District of Columbia; and (3) for West Virginia. Contrary to popular belief, these Sex Offender Registries are not limited to listing convicted "pedophiles," which, strictly speaking, describes persons with a primary sexual interest in prepubescent children aged 13 or younger. Rather, the Registries include sex offenders whose victims, depending on the crime, may include minors as old as 17 years of age or even adults From time to time, a local church pastor or church leader learns that a member, or any person who regularly frequents church premises for worship or other reasons, is a registered sex offender. When that happens, and even while resolutely affirming every person's need to be part of a faith community and receive redemption, we hold in balance the imperative to do all we can to keep all our parishioners safe, especially (but not only) our children and youth. To that end, in striving to maintain an environment of love and safety for all, we believe the congregation's process for responding to such information should include the following components: 7.1 Maintenance of List: The Staff Parish Relations Committee should establish and maintain a list of registered sex offenders who are members of the church, attend worship or are otherwise known to visit the church premises (buildings or grounds) on one or more occasions. The pastor and the chair of the SPRC will ensure that this list is updated in the following manner: a) at least twice a year, by making a reasonably delineated geographical and name searches of the online version of the registry maintained for the jurisdiction in which the church is located, and b) whenever it is brought to the attention of the pastor or the SPRC that another church member or visitor has become a registered sex offender. c) a current copy of the list will be delivered to the District Superintendent as soon as it is first prepared and whenever the list is updated. WCUMC Safe Sanctuary Policy November 2012 Page 9

11 7.2 Meeting and Covenant with the Registrant: Upon learning that a member or visitor is a registered sex offender, the pastor and the Chair of the SPRC chair, or another member of the SPRC designated by the Chair, will have an in-person meeting with the registered person (Registrant) and another adult of the Registrant's choosing to discuss the procedures the congregation will follow in order to allow the Registrant to continue to participate in the life of the congregation or visit the church premises for any purpose. During that meeting, the pastor and SPRC representative will: a) indicate that they have been made aware of the person s name on the registry; b) summarize the congregation's principles and guidelines in such situations, as outlined here and in the "Covenant Letter" (Appendix 11) c) explain and emphasize the importance of the "Designated Attendant" policy (as described below), both for the safety and well-being of the church community, and the well-being of the Registrant as well; d) provide the Registrant with a Covenant Letter, signed by the pastor and the SPRC Chair, substantially in the form attached hereto; and e) explain that the Covenant Letter must be counter-signed (in front of a witness), dated and returned to the pastor before the Registrant can be allowed to return to the church premises. 7.3 "Designated Attendants": Registrants should not be allowed in any church building or anywhere on church grounds, unless they are accompanied by an adult member of the congregation that has been approved by the SPRC to serve as a Designated Attendant for registered sex offenders. a) A list of Designated Attendants for registered sex offenders shall be maintained by the Chair of the SPRC. b) Each Registrant shall be given the names and telephone numbers of two or more Designated Attendants they can contact to accompany them when they visit the church. c) A Designated Attendant must be present to meet the Registrant in the church parking lot, or at another safe and well-lighted outdoor location, when the Registrant arrives at the church's property. The Designated Attendant must physically accompany the Registrant at all times while s/he is within any church buildings or anywhere on church grounds. d) It is the Registrant's responsibility to arrange to have a Designated Attendant present when they arrive at the church property. If a Designated Attendant does not appear for any reason, the Registrant may not enter any church building and may not stay on the church grounds, WCUMC Safe Sanctuary Policy November 2012 Page 10

12 e) No person that is related to the Registrant by birth, adoption or marriage may serve as their Designated Attendant. f) The SPRC will have the responsibility of securing designated attendants for others. In the event that a time arises and no buddy is available, the person may not stay on the grounds of the church buildings. g) The Designated Attendant requirement must remain in place for as long as the Registrant remains on the Sex Offenders Registry. 7.4 Exceptions: There should be no exceptions to these policies and procedures except on a case-by-case basis, and then only if (a) written approval is obtained from both the pastor and the SPRC, and (b) advance written notice of the exception, and an explanation of the reasons therefor, is provided to the District Superintendent fourteen (14) days before the proposed exception is to go into effect and the District Superintendent thereafter indicates in writing that there is no objection to allowing the exception. The District Superintendents must: a) Maintain copies of each congregation's list of registered sex offenders. b) Provide all congregations with clear instructions and guidance on preparing their lists of registered sex offenders, updating them bi-annually, and providing a current list to the District Superintendent every January. c) Provide regional training for clergy and Staff Parish Relations Committees in 2012 and ask congregations to review the DVD every year. d) In 2012, review the safe sanctuary policies of the congregation and introduce this practice as an addendum that congregations can add to their policies. Section 8: Policy Review and Amendment This policy may be reviewed at any time by the Church Council, Board of Trustees, or an ad-hock committed created for that purpose. The policy will be reviewed at least every months. Amendments may be made with the approval of the Church Council. WCUMC Safe Sanctuary Policy November 2012 Page 11

13 Appendix 1: Crime of Violence (a) In this section, "crime of violence" means: (1) abduction; (2) arson in the first degree (3) kidnapping; (4) manslaughter, except involuntary manslaughter; (5) mayhem; (6) maiming, as previously proscribed under former Article 27, 385 and 386 of the Code; (7) murder; (8) rape; (9) robbery under or of this article; (10) carjacking; (11) armed carjacking (12) sexual offense in the first degree; (13) sexual offense in the second degree; (14) use of a handgun in the commission of a felony or other crime of violence; (15) child abuse in the first degree under of this article; (16) sexual abuse of a minor under of this article (i) the victim is under the age of 13 years and the offender is an adult at the time of the offense; and (ii) the offense involved: 1. vaginal intercourse, as defined in of this article; 2. a sexual act, as defined in of this article; 3. an act in which a part of the offender's body penetrates, however slightly, into the victim's genital opening or anus; or 4. the intentional touching, not through the clothing, of the victim's or the offender's genital, anal, or other intimate area for sexual arousal, gratification, or abuse; (17) an attempt to commit any of the crimes described in items (1) through (16) of this subsection; (18) continuing course of conduct with a child under of this article; (19) assault in the first degree; (20) assault with intent to murder; (21) assault with intent to rape; (22) assault with intent to rob; (23) assault with intent to commit a sexual offense in the first degree; and (24) assault with intent to commit a sexual offense in the second degree. (b) This section does not apply if a person is sentenced to death. (c) (1) Except as provided in subsection (g) of this section, on conviction for a fourth time of a crime of violence, a person who has served three separate terms of confinement in a correctional facility as a result of three separate convictions of any crime of violence shall be sentenced to life imprisonment without the possibility of parole. (2) Notwithstanding any other law, the provisions of this subsection are mandatory. (d)(1) Except as provided in subsection (g) of this section, on conviction for a third time of a crime of violence, a person shall be sentenced to imprisonment for the term allowed by law but not less than 25 years, if the person: (c) has been convicted of a crime of violence on two prior separate occasions: 1. in which the second or succeeding crime is committed after there has been a charging document filed for the preceding occasion; and 2.for which the convictions do not arise from a single incident; and (i) has served at least one term of confinement in a correctional facility as a result of a conviction of a crime of violence. (2) The court may not suspend all or part of the mandatory 25-year sentence required under this subsection. (3) A person sentenced under this subsection is not eligible for parole except in accordance with the provisions of of the Correctional Services Article. (e) (1) On conviction for a second time of a crime of violence committed on or after October 1, 1994, a person shall be sentenced to imprisonment for the term allowed by law, but not less than 10 years, if the person: (i) has been convicted on a prior occasion of a crime of violence, including a conviction for a crime committed before October 1, 1994; and (ii) served a term of confinement in a correctional facility for that conviction. 2 The court may not suspend all or part of the mandatory 10-year sentence required under this subsection. (f) If the State intends to proceed against a person as a subsequent offender under this section, it shall comply with the procedures set forth in the Maryland Rules for the indictment and trial of a subsequent offender. (g)(1) A person sentenced under this section may petition for and be granted parole if the person: (i) is at least 65 years old; and (ii) has served at least 15 years of the sentence imposed under this section. (2) The Maryland Parole Commission shall adopt regulations to implement this subsection. WCUMC Safe Sanctuary Policy November 2012 Page 12

14 Appendix 2: Maryland State Law ( ) MD Code, Family Law, West's Annotated Code of Maryland Family Law Title 5. Children Subtitle 7. Child Abuse and Neglect Definitions In general (a) Except as otherwise provided in of this subtitle, in this subtitle the following words have the meanings indicated. (b) "Abuse" means: (1) the physical or mental injury of a child by any parent or other person who has permanent or temporary care or custody or responsibility for supervision of a child, or by any household or family member, under circumstances that indicate that the child's health or welfare is harmed or at substantial risk of being harmed; or (2) sexual abuse of a child, whether physical injuries are sustained or not. (c) "Administration" means the Social Services Administration of the Department. (d) (1) Except as provided in paragraph (2) of this subsection, "central registry" means any component of the Department's confidential computerized database that contains information regarding child abuse and neglect investigations. (2) "Central registry" does not include a local department case file. (e) "Child" means any individual under the age of 18 years. (f) Repealed by Acts 2005, c. 464, 2, eff. Jan. 1, (g) (1) "Educator or human service worker" means any professional employee of any correctional, public, parochial or private educational, health, juvenile service, social or social service agency, institution, or licensed facility. (2) "Educator or human service worker" includes: (i) any teacher; (ii) any counselor; (iii)any social worker; (iv)any caseworker; and (v)any probation or parole officer. (h) "Family member" means a relative by blood, adoption, or marriage of a child. (i)(1) "Health practitioner" includes any person who is authorized to practice healing under the Health Occupations Article or of the Education Article. (2) "Health practitioner" does not include an emergency medical dispatcher. (j) "Household" means the location: (1) in which the child resides; 2) where the abuse or neglect is alleged to have taken place; or(3) where the person suspected of abuse or neglect resides. (k) "Household member" means a person who lives with, or is a regular presence in, a home of a child at the time of the alleged abuse or neglect. WCUMC Safe Sanctuary Policy November 2012 Page 13

15 (I) "Identifying information" means the name of: (1) the child who is alleged to have been abused or neglected; (2) a member of the household of the child; (3) a parent or legal guardian of the child; or (4) an individual suspected of being responsible for abuse or neglect of the child. (m) "Indicated" means a finding that there is credible evidence, which has not been satisfactorily refuted, that abuse, neglect, or sexual abuse did occur. (n)(1) "Law enforcement agency" means a State, county, or municipal police department, bureau, or agency. (2) "Law enforcement agency" includes: (i) a State, county, or municipal police department or agency; (ii) a sheriffs office; (iii) a State's Attorney's office; and (iv) the Attorney General's office. (o) Except as provided in and of this subtitle, "local department" means the local department that has jurisdiction in the county: (1) where the allegedly abused or neglected child lives; or (2) if different, where the abuse or neglect is alleged to have taken place. (p) "Local department case file" means that component of the Department's confidential computerized database that contains information regarding child abuse and neglect investigations to which access is limited to the local department staff responsible for the investigation. (q) "Local State's Attorney" means the State's Attorney for the county: (1) where the allegedly abused or neglected child lives; or (2) if different, where the abuse or neglect is alleged to have taken place. (r) "Mental injury" means the observable, identifiable, and substantial impairment of a child's mental or psychological ability to function. (s) "Neglect" means the leaving of a child unattended or other failure to give proper care and attention to a child by any parent or other person who has permanent or temporary care or custody or responsibility for supervision of the child under circumstances that indicate: (1) that the child's health or welfare is harmed or placed at substantial risk of harm; or (2) mental injury to the child or a substantial risk of mental injury. (t) "Police officer" means any State or local officer who is authorized to make arrests as part of the officer's official duty. (u) "Record" means the original or any copy of any documentary material, in any form, including a report of suspected child abuse or neglect, that is made by, received by, or received from the State, a county, or a municipal corporation in the State, or any subdivision or agency concerning a case of alleged child abuse or neglect. (v) "Report" means an allegation of abuse or neglect, made or received under this subtitle. (w) "Ruled out" means a finding that abuse, neglect, or sexual abuse did not occur. (x)(1) "Sexual abuse" means any act that involves sexual molestation or exploitation of a child by a parent or other person who has permanent or temporary care or custody or responsibility for supervision of a child, or by any household or family member. (2) "Sexual abuse" includes: (i) incest, rape, or sexual offense in any degree; WCUMC Safe Sanctuary Policy November 2012 Page 14

16 (ii) sodomy; and (iii) unnatural or perverted sexual practices. (y) "Unsubstantiated" means a finding that there is an insufficient amount of evidence to support a finding of indicated or ruled out Reports of suspected abuse or neglect; health practitioners, police officers, educators, and human service workers Persons required to notify authorities and report suspected instances of abuse or neglect (a) In general. -- Notwithstanding any other provision of law, including any law on privileged communications, each health practitioner, police officer, educator, or human service worker, acting in a professional capacity in this State: (1)(i) who has reason to believe that a child has been subjected to abuse, shall notify the local department or the appropriate law enforcement agency; or (ii) who has reason to believe that a child has been subjected to neglect, shall notify the local department; and (2) if acting as a staff member of a hospital, public health agency, child care institution, juvenile detention center, school, or similar institution, shall immediately notify and give all information required by this section to the head of the institution or the designee of the head. (b) Oral and written reports; cooperation among departments and agencies. -- (1) An individual who notifies the appropriate authorities under subsection (a) of this section shall make: (i) an oral report, by telephone or direct communication, as soon as possible: 1.to the local department or appropriate law enforcement agency if the person has reason to believe that the child has been subjected to abuse; or 2. to the local department if the person has reason to believe that the child has been subjected to neglect; and (ii) a written report: 1. to the local department not later than 48 hours after the contact, examination, attention, or treatment that caused the individual to believe that the child had been subjected to abuse or neglect; and 2. with a copy to the local State's Attorney if the individual has reason to believe that the child has been subjected to abuse. (2)(i) An agency to which an oral report of suspected abuse is made under paragraph (1) of this subsection shall immediately notify the other agency. (ii) This paragraph does not prohibit a local department and an appropriate law enforcement agency from agreeing to cooperative arrangements. (c) Contents of report. -- Insofar as is reasonably possible, an individual who makes a report under this section shall include in the report the following information: (1) the name, age, and home address of the child; (2) the name and home address of the child's parent or other person who is responsible for the child's care; (3) the whereabouts of the child; (4) the nature and extent of the abuse or neglect of the child, including any evidence or information available to the reporter concerning possible previous instances of abuse or neglect; and (5) any other information that would help to determine: (i) the cause of the suspected abuse or neglect; and (ii) the identity of any individual responsible for the abuse or neglect. WCUMC Safe Sanctuary Policy November 2012 Page 15

17 Reports of suspected abuse or neglect; other persons (a)(1) Except as provided in paragraphs (2) and (3) of this subsection, notwithstanding any other provision of law, including a law on privileged communications, a person in this State other than a health practitioner, police officer, or educator or human service worker who has reason to believe that a child has been subjected to abuse or neglect shall: (i) if the person has reason to believe the child has been subjected to abuse, notify the local department or the appropriate law enforcement agency; or (ii) if the person has reason to believe the child has been subjected to neglect, notify the local department. (2) A person is not required to provide notice under paragraph (1) of this subsection: (i) in violation of the privilege described under of the Courts Article; (ii) if the notice would disclose matter communicated in confidence by a client to the client's attorney or other information relating to the representation of the client; or (iii) in violation of any constitutional right to assistance of counsel. (3) A minister of the gospel, clergyman, or priest of an established church of any denomination is not required to provide notice under paragraph (1) of this subsection if the notice would disclose matter in relation to any communication described in of the Courts Article and: (i) the communication was made to the minister, clergyman, or priest in a professional character in the course of discipline enjoined by the church to which the minister, clergyman, or priest belongs; and (ii) the minister, clergyman, or priest is bound to maintain the confidentiality of that communication under canon law, church doctrine, or practice. (b)(1) An agency to which a report of suspected abuse is made under subsection (a) of this section shall immediately notify the other agency. (2) This subsection does not prohibit a local department and an appropriate law enforcement agency from agreeing to cooperative arrangements. (c) A report made under subsection (a) of this section may be oral or in writing. (d)(1) To the extent possible, a report made under subsection (a) of this section shall include the information required by 5-704(c) of this subtitle. (2) A report made under subsection (a) of this section shall be regarded as a report within the provisions of this subtitle, whether or not the report contains all of the information required by 5-704(c) of this subtitle Confidentiality; expungement (a) Subject to federal and State law, the Administration shall provide by regulation adopted in accordance with Title 10, Subtitle 1 of the State Government Article: (1) procedures for protecting the confidentiality of reports and records made in accordance with this subtitle; (2) conditions under which information may be released; (3) conditions for determining in cases whether abuse, neglect, or sexual abuse is indicated, ruled out, or unsubstantiated; and (4) procedures for the appeal processes provided in this subtitle. (b) The local department shall expunge a report of suspected abuse or neglect and all assessments and investigative findings: (1) within 5 years after the date of referral if the investigation under of this subtitle concludes that the report is unsubstantiated, and no further reports of abuse or neglect are received during the 5 years; and WCUMC Safe Sanctuary Policy November 2012 Page 16

18 (2) within 120 days after the date of referral if the report is ruled out, and no further reports of abuse or neglect are received during the 120 days Immunity Any person who makes or participates in making a report of abuse or neglect under 5-704, 5-705, or of this subtitle or participates in an investigation or a resulting judicial proceeding shall have the immunity described under of the Courts and Judicial Proceedings Article from civil liability or criminal penalty. MD Annotated Code - Courts and Judicial Proceedings Article Any person who in good faith makes or participates in making a report of abuse or neglect under 5-704, 5-705, or of the Family Law Article or participates in an investigation or a resulting judicial proceeding is immune from any civil liability or criminal penalty that would otherwise result from making or participating in a report of abuse or neglect or participating in an investigation or a resulting judicial proceeding Appendix 3: False Reporting Criminal Law False Statement to Law Enforcement Officer (a) Prohibited. - A person may not make, or cause to be made, a statement, report, or complaint that the person knows to be false as a whole or in material part, to a law enforcement officer with intent to deceive and to cause an investigation or other action to be taken as a result of the statement, report, or complaint. (b) Penalty. - A person who violates this section is guilty of a misdemeanor and on conviction is subject to one or both of the following: Imprisonment not exceeding 6 months; a fine not exceeding $500 WCUMC Safe Sanctuary Policy November 2012 Page 17

19 Appendix 4: Incident Form Page 1 of 2 1. Reported to Pastor or Chair Christian Education or Leader of Youth Ministries or Sunday School Superintendent: (a) Name/Title: (b) Date/Time: (c) Additional Persons present: 2. Call to appropriate Social Services Department Baltimore County, Maryland: Tel: (410) (24 hours) (Option 1) Address: Drumcastle Government Center, 6401 York Road, Baltimore, Maryland Carroll County, Maryland: Tel: (410) (24 hours) (Baltimore Area: ) Address: 10 Distillery Drive, Westminster, Maryland Date Of Incident: Time of Incident: 4. Location of Incident: 5. Child's Name: Age/Date of Birth: Address: Whereabouts of the child: 6. Child's responsible party: Parent/Guardian Name: Address: 7. Accused Name: Address: Relation to Child: WCUMC Safe Sanctuary Policy November 2012 Page 18

20 Incident Form Page 2 of 2 8. Your detailed summary of observations: 9. As closely as possible, what the child told you: 10. Date you became aware of incident: Were you present? Yes No If no, how you became aware of incident: Any additional details: Date Printed Name Signature All parties involved should maintain strict confidentiality. WCUMC Safe Sanctuary Policy November 2012 Page 19

21 Appendix 5: Reporting Contact form for: Pastor, Lay Leader, Chair of Christian Education, Youth Ministries Leader, Sunday School Superintendent 1. Call to Church's Insurance Carrier a. Date/Time: b. Additional Persons present: c. Summary: 2. Call to Chair of Board of Trustees a. Date/Time: b. Additional Persons present: c. Summary: 3. Call to District Superintendent a. Date/Time: b. Additional Persons present: c. Summary: 4. Call to Parents/Guardian a. Date/Time: b. Additional Persons present: c. Summary: 5. Pastor or representative will send written confirmation of report to Baltimore County Department of Social Services, Maryland Child Protective Services. Drumcastle Government Center, 6401 York Road, Baltimore, Maryland All parties involved should maintain strict confidentiality. Any additional details: Date Name Signature WCUMC Safe Sanctuary Policy November 2012 Page 20

22 Appendix 6 Acknowledgement of Safe Sanctuary Policy I,, hereby acknowledge Printed Name receipt and understand the Safe Sanctuary Policy of Ward s Chapel United Methodist Church. Signature Full address Date Witness (Printed Name & Signature) WCUMC Safe Sanctuary Policy November 2012 Page 21

23 Appendix 7 Safe Sanctuary Volunteer Application (Page 1 of 2) Volunteering for Safe Sanctuary Level (please circle): A B C Name: Address Daytime phone: Evening Phone: Cell phone: address: Length of time attending Ward's Chapel United Methodist Church? Occupation: Employer: Length of employment: Supervisor name and phone number: Job responsibilities and schedule: Previous work experience: Previous volunteer experience: Why would you like to volunteer as a worker with children and youth? What qualities do you have that would help you work with children and youth? Do you have pending charges, received a conviction, a probation before judgment, a finding of not criminally responsible, or a finding of not guilty by reason of insanity for the commission or attempted commission in the crimes or their equivalents as listed on the most current WCUMC Safe Sanctuary policy? WCUMC Safe Sanctuary Policy November 2012 Page 22

24 Safe Sanctuary Volunteer Application (Page 2 of 2) Are you 18 years of age of older? Please list three personal references (people who are not related to you by blood or marriage) and provide complete address and phone information for each. References are confidential. 1. Name: Address: How long have you know this person? Daytime phone: Evening phone: Cell phone: address: 2. Name: Address: How long have you know this person? Daytime phone: Evening phone: Cell phone: address: 3. Name: Address: How long have you know this person? Daytime phone: Evening phone: Cell phone: address: Signature: Date: WCUMC Safe Sanctuary Policy November 2012 Page 23

25 Appendix 8 Reference Check Form Applicant name: Reference name: Reference address: Reference phone: Home Cell 1. What is your relationship to the applicant? 2. How long have you know the applicant? 3. How well do you know the applicant? 4. How would you describe the applicant? 5. How would you describe the applicant's ability to relate to young children? 6. How would you describe the applicant's ability to relate to adults? How would your answer be different if it were teenagers? 7. How would you feel about having the applicant as a volunteer worker with youth or a young child? 8. Do you know of any characteristics that would negatively affect the applicant's ability to work with youth? For example, in trustworthiness, in reliability. 9. Do you have any knowledge that the applicant has ever been convicted of a crime? If so, what crime and when? 10. Would you have any hesitations about leaving your child or children with this person? If yes, please list your reasons. Reference inquiry completed by: Printed Name & Signature Date: Time: WCUMC Safe Sanctuary Policy November 2012 Page 24

26 Appendix 9 Safe Sanctuary Interview Form Applicant Name: Address: Daytime phone: Evening Phone: Cell phone: address: What Safe Sanctuary level are you applying for? A B C What position are you applying for? How long have you attended Ward's Chapel United Methodist Church? What volunteer experience do you have? Why would you like to volunteer as a worker with children and youth? What spiritual gifts, qualities or characteristics do you have that would help you work with children and youth? Do you have pending charges, received a conviction, a probation before judgment, a finding of not criminally responsible, or a finding of not guilty by reason of insanity for the commission or attempted commission in the crimes or their equivalents as listed on the most current WCUMC Safe Sanctuary policy? Interview completed by Printed Name & Signature Date: Time: WCUMC Safe Sanctuary Policy November 2012 Page 25

27 Appendix 10 WCUMC Safe Sanctuary Policy November 2012 Page 26

28 WCUMC Safe Sanctuary Policy November 2012 Page 27

29 Appendix 11 Covenant Letter for Registered Sex Offender Dear : It has come to our attention that you are listed on the Sex Offender Registry for [Maryland] [the District of Columbia] [West Virginia]. As a church family, we affirm every person s need to be part of a faith community such as ours, but we hold in balance the imperative to all we can to keep all our parishioners safe in body and spirit. Under these circumstances, your participation in the life of the [insert name] United Methodist Church, or your presence on church premises, requires that a written and binding covenant be made between you and the church to adhere to the guidelines outlined below. By making this covenant and remaining faithful to it, without exception, we are hopeful that the pastor, the staff, and the congregation can be of assistance to you, and that the church will, in turn, benefit from your presence and participation in the church s ministry. Each of us is in need of the mercy and grace God offers. The terms of the covenant are as follows: 1. Any time you are on the campus of the church, you must be accompanied by a Designated Attendant. There will be at least two people who will be available to act as a Designated Attendant for you. The names and telephone numbers of those who have agreed to act as a Designated Attendant are listed at the bottom of this letter. You should make contact with one of them prior to coming to the campus on each occasion. One of these Designated Attendants must be present to meet you [at your car in the church parking lot] [insert other safe, well-lighted location well outside any church building] and be in your company at all times while you are on the campus of the church. This includes accompanying you to the restroom. The Designated Attendant will accompany you to your car at the time you leave the campus. 2. You cannot serve in any positions of leadership or teaching until further notice. 3. You agree to allow the pastor or her/his designee to contact any law enforcement, probation officer or other governmental official but not your attorney or any health care provider in order to request or obtain information that the pastor believes may be of assistance in ministering to you or to the congregation or others in the church community. By signing this letter you agree that the law enforcement, probation officer or other governmental official may share any information with the pastor or her/his designee, and you release that person and their organization or employer from any liability as a result of releasing this information. This authorization and release specifically includes, without limitation, any information, written or verbal, the law enforcement, probation officer or other governmental official has obtained concerning medical, psychological and psychiatric conditions or treatment. 4. You agree to meet and consult with the pastor upon her/his request for the purpose of providing assistance to you or for the protection and security of the the congregation or others in the church community. WCUMC Safe Sanctuary Policy November 2012 Page 28

30 5. You understand and agree that the pastor and SPRC must keep other church staff and members apprised of your status and the guidelines agreed upon. We trust you understand the reasons for these requirements. If so, and if you are committed to keeping this covenant, please sign and date this letter in the space provided below. If you cannot or are unwilling to do so, we regret that we cannot allow you to visit church premises again for any reason. Please know that we are praying for you and for ourselves as we locate and follow an appropriate path for moving forward in faith. We look forward to what God will do in your life and in the lives of all members of this congregation and those who seek to participate in its ministries. Sincerely, Pastor Chair, Staff Parish Relations Committee The Designated Attendants to be called any time you plan to come to the campus of the church are: 1. Tel no. 2. Tel no. 3. Tel no. I have read the above letter and agree to abide by the mandatory guidelines contained in the letter. Name (signed) Date: Name (printed) Witness: WCUMC Safe Sanctuary Policy November 2012 Page 29