Liability Issues in your Youth Ministry Program

Catholic Mutual Group

10843 Old Mill Road

Omaha, NE 68154

(800) 228-6108

True Life Scenario

Larry, a youth leader, takes his inexperienced group into a “hot” river after being told by an outfitter that only experienced canoeists belong on the river that day. Patty (a 15-year old) falls into the cold water when her canoe spills.

Patty can’t get back into her canoe and bobs along in the water in her inflated life vest for more than 30 minutes. Her skin looks blue when the leader fishes her out. Everybody laughs and jokes about Patty’s blue face. During the van ride home, Patty just can’t get warm even though they wrap her in blankets.

During the ride home, Patty becomes listless and sleepy…still shivering. When they can’t wake her up, they rush to a hospital emergency room. Several hours later, they are shocked to learn Patty has died of hypothermia.

What negative consequences will happen to the people and the church involved in Patty’s death?

Negative Consequences…

• Heartbreak and deep sadness would hammer her family and friends.

• Grief, sorrow and shock would ravage the youth group and the church.

• Eventually, anger and blame would be leveled at Larry and the volunteer leader.

• Personal guilt would weigh heavy on Larry, the volunteer leader and any student or adult who felt responsibility.

• Most likely, Larry and the church could expect some type of lawsuit related to Patty’s death.

• Everyone would be changed.

• One constant would remain. Patty would be gone.

Elements of Negligence

• Duty Owed• Duty Breached• Damages• Damages are directly caused by breached duty

Common Allegations

A key to well-run, safe programs is having a set of policies and procedures. Experts have identified the ten most common

safety mistakes in youth programs.

• Not enough staff

• Too many kids in the vehicle

• No time to plan for safety

• No plan of action to respond to any emergency

• Students driving

• No use of seat belts

• No first aid training or supplies

• Inadequate paperwork (proper permission/medical forms)

• Letting a dangerous activity continue (afraid to stop it)

• Lack of careful supervision (letting kids wander or play around with equipment)

Common Attitudes Toward Safety

• Nothing bad has happened to us yet…• You can’t think of rules for everything…• If we have all these safety rules, we won’t have

any fun…• Relax, God will take care of us…

These four attitudes prevent church leaders from providing training or discussing risks inherent in youth ministry. They can sabotage your attempt to protect your youth.

Common MythsFun vs. Safety?

FUN means:• Kids like the leader

• Risk, danger, excitement

• Yes – Go for it!

• Never being bored

• Freedom

• Saying yes to kids

• Funny stories to tell

• Spontaneity

• Living by faith

SAFETY means:• Saying no to kids

• Leader unpopular with kids

• Rules, caution, boredom

• No – Don’t try it!

• Never being alone

• Supervision

• Oppressive adult presence

• Worry and paranoia

• Fearfulness

Principles of Safety

• The higher the risk, the greater the supervision required.• Know what is dangerous.• There is a big difference between perceived danger and actual

danger.• Plan for the worst-case scenario.• Learn to recognize the initial signs of danger.• Keep in mind the special needs of the kids in your group.• Test it first.• Resist the shortcuts.• Make the most of your mistakes.• Take the “my kid” test.• Lead by example.

How well do you know your staff??

• No process is fool proof

• Need to take reasonable and consistent steps to obtain information that will help predict potential dangerous behavior

• Need to establish standard investigation for each level of leadership

• Standard should be applied equally without discrimination

Staff Screening (includes volunteers)

• A written application

- Should include the following questions:

Have you been convicted of a criminal offense? Will you give us permission to check your criminal record?

- Your screening policy must be consistently applied to every applicant to avoid a discrimination suit.

• Ask for references

- At least 3 references are needed to get a good picture of an applicant.

• Interview the applicant

- Have at least 2 people conduct the interview.

• Make a final decision

- Work with a team of people to make a determination

on the applicants.

• Criminal Background Check

• NO SHORTCUTS!

Staff Training

• Orientation Session – Need a 2-10 hour basic training and orientation to the ministry. Need to know how the ministry works and the role they play in it.

• First Aid /Bloodborne Pathogen Training – Enough staff should be certified so that every event can have a trained, certified person in attendance.

• Identifying Child & Sexual Abuse – Should have training class to learn to recognize the signs of abuse and how to report it.

• Suicide Prevention Training – Find a social worker to help train you and your staff to respond to suicide threats.

• Pregnancy, Drug Abuse, and AIDS Training – Some staff could pursue additional training to specialize in these type of problems.

• Activity Training – Includes training to cover specific activities and events.

Common Mistakes In Volunteer Selection

• We avoid getting mature volunteers. (Mistakenly think a volunteer has to be young to relate to teenagers and overlook people with years of experience)

• We take on volunteers too quickly without going through the proper screening and orientation.

• We are overloaded with young, single college guys who have a natural sexual attraction with the younger girls in the group.

• We recruit too few women and put them in non-leadership positions. Women tend to be more safety conscious and have plenty to offer when activities are being planned.

Transportation

• (Arch)Diocesan Transportation Policy?

• Acceptable Driver Qualifications

* Must be 21 years of age or older

* Valid driver’s license and satisfactory driving record

* Valid and current registration and license plates

* Personal Insurance Coverage (100,000 per person/300,000 per occurrence)

* Volunteer Drivers Form should be completed by ALL volunteer drivers

* Drivers should have a MVR check

• 11-15 Passenger Van Usage

VOLUNTEER DRIVER FORMName of Driver: __________________________________________________________Address: _______________________________________________________________ _______________________________________________________________Drivers License #: _______________________ State Issued:______________________Year, Make & Model of Vehicle:_____________________________________________Insurance Company’s Name: _____________________________________________Liability Limits: _________________________________________________________(Minimum Limits of $100,000/$300,000 Required)Agent’s Name:____________________________________________________________In order to provide for the safety of those we serve, we must ask each volunteer driver to list all accidents or moving violations they have had in the last three years:____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Please be aware that as a volunteer driver, your insurance is primary. Thank you for helping us with our transportation needs.CertificationI certify that the information given on this form is true and correct to the best of my knowledge. I understand that as a volunteer driver, I must be 21 years of age or older, possess a valid driver’s license, have the proper and current license and vehicle registration, and have the required insurance coverage in effect on any vehicle. I agree that I will refrain from using a cell phone or any other electronic device while operating my vehicle.______________________________ _____________________ Volunteer Driver Signature Date

11-15 Passenger Vans

Problems• Dangerous for transportation

• Originally designed for cargo transportation

• NTSB Ruling

- 11 or more must meet school bus standards

- Federal regulation against transporting school-age children

• Severe injuries in side-impact accidents

• New study by NHTSA shows these vans to be highly likely to roll over

when carrying more passengers

• Use of inexperienced drivers

Solutions• Replace with school bus

• Replace with 8 passenger vans

Volunteer DriversVolunteer drivers need the careful support of the youth

ministry leader so that they can do their best. Such support will generally include the following:

• Written directions and information* A map and phone number to the destination* Money needed for gas or tolls* Special instructions about the trip

• Adult SupportDepending on the length of the trip, drivers may need other qualified adult drivers

traveling with them. These drivers can share driving time, handle directions, and deal with any distractions in the vehicle.

• Trial RunMake sure every driver has a practice run in the vehicle he/she will drive prior to the actual trip.

• Emergency planPrior to the trip, discuss with all drivers your plans for communicating with other drivers or handling emergencies. If you are traveling in a caravan:

* What will your signal be if someone needs to stop immediately or at the next rest area?

* What should a driver do if he/she becomes separated from the caravan?* How will you handle bad weather or driving conditions?

• Follow the exampleThe volunteer drivers need to see the one who makes the rules living by the same rules. Uniform observance of speed limits, seat belt requirements, etc., is a practical demonstration to the students of your commitment to safety.

Student Drivers

Try to find an insurance agent who would approve of high school students driving other students for youth group

activities.THEY DON’T EXIST!!!

How do you handle the student who is insistent on driving?

• Discuss the request to drive with the student’s parent(s).

• If they approve, instruct the student to meet you at your destination, not at your departure point.

• No students under your supervision should ride with the teenage driver at any time.

Liability Release Forms• Parental/Guardian Consent Form & Liability Waiver

This form should be utilized by youth ministry programs for the following types of activities:

* Day and overnight field trips

* Day and overnight retreats

* Youth athletic participation

Original copies of this form should be maintained for at least 2 years.

As a supplement of the consent form, provide additional information giving details of

the activity in which the students will be participating. The more information you can provide, the better.

• Medical InformationThis information is included in the Parental/Guardian Consent Form and Liability Waiver. This should be completed and kept on file for all students, adults and volunteers participating in the event.

• Adult Liability WaiverShould be completed by any adult participating in the event.

PARENTAL/GUARDIAN CONSENT FORM AND LIABILITY WAIVER

FIELD TRIP

Participant’s name: ______________________________________________________Birth date: _____________________________________________ Sex: ____________Parent/Guardian’s name: ________________________________________________Home address: ______________________________________________________Home phone : __________________________ Business phone: __________________I, __________________________ grant permission for my child, __________________ Parent or guardian’s name Child’s nameto participate in this parish youth ministry event that requires transportation to a locationaway from the parish site. This activity will take place under the guidance and directionof parish employees and/or volunteers from _______________________.

Name of parishA brief description of the activity follows:

Type of event: ________________________________________________Destination of event ________________________________________________Individual in charge: ________________________________________________Estimated time of departure and return: ______________________________Mode of transportation to and from event: ______________________________

As parent and/or legal guardian, I remain legally responsible for any personal actionstaken by the above named minor (“participant”).

I agree on behalf of myself, my child named herein, or our heirs, successors, and assigns,to hold harmless and defend ________________________________ , its officers,directors,

Name of parishemployees and agents, and the Arch/Diocese of __________ , its employees and agents,chaperons, or representatives associated with the event, from any claim arising from or inconnection with my child attending the event or in connection with any illness or injury(including death) or cost of medical treatment in connection therewith, and I agree tocompensate the parish, its officers, directors and agents, and the Arch/Diocese of_________, its employees and agents and chaperons, or representative associated withthe event for reasonable attorney’s fees and expenses which they may incur in any actionbrought against them as a result of such injury or damage, unless such claim arises fromthe negligence of the parish/diocese.

Signature: ___________________________________________ Date: ___________

MEDICAL MATTERS: I hereby warrant that to the best of my knowledge, my child isin good health, and I assume all responsibility for the health of my child. (Of thefollowing statements pertaining to medical matters, sign only those that are applicable.)

Name & relationship: ________________________________________________Phone: _______________ Family doctor: __________________ Phone: ____________Family Health Plan Carrier: ____________________________ Policy #: ____________Signature: _____________________________________________ Date: ____________

Other Medical Treatment: In the event it comes to the attention of the parish, its officers,directors and agents, and the Arch/Diocese of ____________, chaperons, or representativesassociated with the activity that my child becomes ill with symptoms such as headache,vomiting, sore throat, fever, diarrhea, I want to be called collect (with phone charges reversed tomyself).

Signature: ____________________________________________ Date: ____________

Medications: My child is taking medication at present. My child will bring all such medicationsnecessary, and such medications will be well-labeled. Names of medications and concisedirections for seeing that the child takes such medications, including dosage and frequency ofdosage, are as follows: ____________________________________________________________________________________________________________

Signature: __________________________________________________ Date: ______

No medication of any type, whether prescription or non-prescription, may be administered to mychild unless the situation is life-threatening and emergency treatment is required.

Signature: _________________________________________________ Date: ______

I hereby grant permission for non-prescription medication (such as aspirin, throat lozenges,cough syrup) to be given to my child, if deemed appropriate.

Signature: ________________________________________________ Date: ______

Specific Medical Information: The parish will take reasonable care to see that the followinginformation will be held in confidence.

Allergic reactions (medications, foods, plants, insects, etc.):_________________Immunizations: Date of last tetanus/diphtheria immunization: _________________Does child have a medically prescribed diet?_____________________________Any physical limitations? _______________________________________________

Is child subject to chronic homesickness, emotional reactions to new situations, sleepwalking,bedwetting, fainting? _____________________________________________________

Has child recently been exposed to contagious disease or conditions, such as mumps, measles,chicken pox, etc.? If so, date and disease or condition: _______________________

You should be aware of these special medical conditions of my child: _________________________________________________________________________________________________________________________________________________________

FIELD TRIP

ADULT LIABILITY WAIVER

Each participant, including group leaders, chaperones and drivers must sign this form.

RELEASE OF LIABILITY

I, ____________________________________________, agree on behalf of myself, my heirs, assigns, executors, and

Full Name

personal representatives, to hold harmless and defend __________________________________________________,

Parish

___________________________________________, its officers, directors, agents, employees, or representatives

(Arch) Diocese

associated with the field trip from any and all liability claims, loss or damage arising from or in connection with my

participation in the field trip.

____________________________________________ _________________________________

Signature Date

____________________________________________

Print Name

High Adventure

High adventure is voluntarily putting ourselves into situations in the physical environment that challenge our physical and

emotional toughness.

• Ballooning

• Scuba Diving

• Bicycling

• Motorcycling

• Canoeing

• Kayaking

• Hang gliding

• Rafting

• Sailing

• Skiing

• Skydiving

• Rock Climbing

• Trekking

• Survival Camping

Before Considering High Adventure…

• Why do I want to involve young people in high adventure? Exposing your young people to the risks of high adventure many be unnecessary.

• Who is going to lead this high adventure experience? Quality leadership is the most important ingredient for both safety and success in high adventure.

• What type of young people should participate? Not all activities are appropriate for all young people.

• What is our true exposure to danger through this event? You must know what risks your students will face and decide if it is worth it.

• What is the quality of the equipment we will use? High adventure requires top quality equipment. It is not the place for shortcuts or budget constraints.

• How do my staff and I react when we experience a trial run? Take yourself and your adult leaders (with a qualified guide) on a shortened trial run of the high risk adventure you are considering.

• What is our insurance coverage for this activity? Make sure that your high risk activity is not excluded and that all young people are protected.

• Do parents know what is going on? Parents need specifics (verbally and in writing) about what their young people will be experiencing on this trip. The element of “surprise” is a simply a lawsuit waiting to happen.

Better Safe than Sued

Written by: Jack CrabtreeGroup Publishing, Inc.

Thanks to Jack Crabtree for allowing the use of this material for our training purposes.

Any Questions?