Many nonprofit organizations, such as summer camps, schools,
sports leagues, membership associations, religious organizations,
childcare centers, and youth clubs for various hobbies, regularly
host programs involving participation by children. When working
with children, nonprofits must establish and implement safeguarding
practices and procedures to prevent the abuse and mistreatment of
children. Below are proactive measures nonprofits can take to
design and implement effective child protection practices.
Have a Standalone Child Protection Policy
All nonprofits that work with children and youth should adopt
policies and procedures specifically for child safety and abuse
prevention. These policies should be distinct yet serve to
complement other conduct-related policies maintained by the
nonprofit, such as an employee handbook or participant code of
conduct.
Effective child protection policies serve to protect adult
leaders, as well as children, by having clear parameters for the
strategies a nonprofit will employ for youth safety. As a best
practice, a policy should describe the measures in place to protect
children, how adults must behave when working with children, how
and to whom to report issues of suspected abuse or harm, and how
the organization will respond to concerns about harm to
children.
In addition to maintaining a standalone child protection policy,
because every state has laws that protect children from harm,
nonprofits that have offices in multiple states, or have chapters,
sections, and similar types of units in their structure, should
consider the adoption of supplemental addenda to policies to
address local legal considerations relevant to those constituent
parts.
Proactively Audit Operational Risk
There is no “one-size-fits-all” approach to protecting
children. Nonprofits that work with children serve many different
interests and provide different services. The nature of measures
appropriate to an organization will vary, depending on the
nonprofit’s functions, the ages of the population it serves,
the types of premises it uses, internal culture, and other
particular circumstances. Each organization is different, and
practices should reflect those differences, as well as the
organization’s resources and maturation over time.
Run Background Checks for Employees and Volunteers
Multifaceted screening protocols for employees, candidates for
employment, and volunteers who will have contact with children is
an essential safeguard. Conducting a nationwide criminal history
check, reviewing public sex offender registries, searching state
child abuse and maltreatment reporting databases, asking
appropriate questions during interviewing processes, and obtaining
reference checks can help to detect and deter applicants who should
not be placed in positions of trust with children. Screening
protocols should be conducted prior to an individual being
permitted to participate in a nonprofit’s youth programming,
and individuals should be periodically rescreened during their
tenure with the nonprofit for continued suitability to work with
children.
When developing personnel screening protocols, it is advisable
to consult legal counsel to ensure compliant methods for
collecting, processing, retaining, and using personal information
are observed. For more information about the interaction between
background checks and employment laws, please read here. Whatever combination of screening
tactics is used, screening should never be relied on as the sole
means of keeping children safe.
Develop a Staff/Volunteer/Participant Code of Conduct
Beyond having guidelines for regulating how adult staff and
volunteers must interact with children, nonprofits should maintain
participant codes of conduct to ensure a safe and welcoming
environment for all program participants, including fellow youth
participants. These codes generally require agreement by the
parent/guardian and youth (depending on age) to abide by the rules
of the program and to outline how participant misconduct, whether
directed against other participants or program staff, will be
handled. Similarly, staff and volunteers who will engage with
children through a nonprofit’s programs should be required to
acknowledge the expectations and requirements for conduct that they
must follow under the child protection policy, volunteer policies,
and employee handbook, as applicable.
Ensuring Safe Physical Environments and Technology
Resources
Nonprofits that work with children owe a duty of care to take
steps to protect children from interactions that can occur in
person, through the use of computers and cell phones (including
telephone calls, texting, and video conferencing), social media,
and other electronic resources. For example, policies should
include terms that mandate adults are not allowed to have
unsupervised, one-on-one contact with children or, if they do have
contact, that outline the necessary parameters for ensuring those
one-on-one interactions are limited and appropriately monitored.
Effective youth protection programs also provide education about
proper boundaries for engaging with children, particularly for
programs involving overnight stays, and the appropriate use of cell
phones, social media, and similar electronic technologies.
Obtain Specialized Insurance
Nonprofits should routinely consult with their insurance brokers
about whether their insurance coverages and liability limits
provide adequate protection for the specific nature of their
youth-focused activities and their assets. Most director and
officer and commercial general liability insurance policies contain
exclusions that preclude coverage for claims involving abuse or
molestation, as well as for claims involving sporting or
recreational activities. Nonprofits need to be aware of coverage
nuances and procure the proper endorsements for their insurance
policies based on their activities and existing insurance
programs.
Assess Practices of Business Partners
Nonprofits often collaborate or work with other organizations in
their delivery of youth-focused programs and services. Nonprofits
should conduct appropriate due diligence on the policies and
practices employed by partner organizations to ensure they have
appropriate policies in place to vet their representatives, provide
those representatives with appropriate child protection-related
training and education, and have processes in place to address
inappropriate behavior. Additionally, it is wise to develop a
formal contract that defines each party’s responsibilities,
describes how to allocate liabilities if those respective
responsibilities are not met, and includes terms for suspending or
terminating the relationship if misconduct concerns arise.
Maintain Accessible Channels to Report Allegations and
Suspicions of Child Abuse
Clear protocols should be in place to guide the reporting and
prompt investigation of suspected, observed, or disclosed abuse.
Complaints should be allowed to come from children themselves, and
from parents, staff, volunteers, or even members of the public.
Some individuals are also required by law to report suspected child
abuse and neglect to law enforcement or the local child protective
services and need to be reminded of and trained on those mandatory
reporting responsibilities. Ensuring that leadership is adequately
trained to receive and respond to reports of child abuse can ensure
that cases of child abuse are appropriately handled and allow for
intervention at the earliest possible time.
Regularly Conduct Training and Keep Training Materials Up to
Date
As the eyes and ears of the organization, staff and volunteers
involved in a nonprofit’s youth-related programs should be
regularly trained to ensure they are familiar with the
organization’s child protection and reporting policies.
Training programs should offer knowledge about the different types
of and indicators of abuse, equip personnel to see the warning
signs of the “grooming” behaviors of those who would harm
children, and outline requirements and expectations for reporting
inappropriate behavior. Whether training is conducted in person
and/or online, it is extremely important for nonprofits to require
staff and volunteers to take youth protection training prior to
allowing their interaction with children the organization serves,
with refresher training mandated every two to three years to ensure
the most current training is received. Documenting training records
can help reduce exposure to negligent hiring or supervision
claims.
Proactively and Openly Communicate
Visibly talking about a nonprofit’s zero-tolerance approach
to preventing abuse of children entrusted to its care sends a clear
message and can deter bad actors from seeking to become involved
with the organization’s programs. What is communicated about
the nonprofit’s commitments speaks volumes, and what is said in
the community about the organization’s efforts is equally, if
not more, important. Speaking about the principles adhered to in
order to protect children is just as integral as the formal policy
statements themselves.
Youth-serving nonprofits should consult experienced counsel
regarding the specific laws applicable to the jurisdictions in
which they operate. Nonprofits with questions on these topics
should feel free to contact the authors of this article.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
#Nonprofits #Managing #Risk #Youth #Programs #Ten #Key #Compliance #Strategies #Compliance
