Many churches are hard at work preparing for Vacation Bible School programs. Curriculum has probably already been selected; teachers and helpers recruited, and buildings and classrooms are being prepared. VBS may be one of the most important programs the local church sponsors in any given year. Why? Because when churches reach out to their communities to provide wholesome summer activities for young people, there is a unique opportunity to present the Gospel that is not present at any other time.

Today's Youth Need the Gospel

America’s young people are in desperate need of such spiritual programs. Trends have long indicated that, by the time they reach the age of thirteen, most children have already set the course for the rest of their lives with regard to spirituality and faith. If children are not reached for Christ, the chance that they will be saved as adults is significantly lower. Our children desperately need churches to teach them the Gospel message. They certainly no longer hear that message in other corners of American life. Jesus has been largely excluded from our public schools, from other community youth activities, and from popular entertainment media. Many parents no longer see the importance of teaching their children about Biblical principles at home. Yet many of these same parents are looking for wholesome summer activities for their children. Vacation Bible School is one time during the year when churches can reach out to the larger community and cultivate a great harvest for the Lord.

Today's Churches Need Protection

The Christian Law Association is dedicated to legally protecting ministries to children. Vacation Bible School is an important part of that mission. CLA has a great deal of respect and love for those often-unrecognized giants of the faith who put such ministries to children and youth at the top of their priority list. We also want to make sure that these programs are as legally protected as possible. Churches want to have a harvest of souls this summer, not a harvest of lawsuits.

Children’s religious programs are one area in which lawsuits have become more prevalent in recent years, especially when the whole community is invited. It is not unusual for courts to award large money judgments against a church, sometimes millions of dollars. These judgments have the potential for financially ruining any ministry. This information should not be daunting for a church preparing for an important outreach to children such as a VBS program, but it should cause the church to be prudent about how such programs are conducted.

Churches need to conduct themselves in ways that do not invite lawsuits or false allegations against staff and volunteers. So while your church prepares the curriculum and recruits volunteers for VBS, here are some other things you should certainly consider.

• Proper training and supervision of childcare workers and volunteers to avoid false accusations of child molestation or negligence while children are in the care of the church.
• Proper maintenance of ministry vehicles used for special outings is critical to preventing death or serious injury to passengers.
• Diligent attention to thorough background checks and detailed record keeping is a must.
• Knowing what material may be posted on a ministry website will help avoid false statements about, or unauthorized use of, pictures of individuals.
• Understanding copyright law is essential.
• A thorough review of insurance coverage before programs begin can help identify potential liability in time to take corrective measures.

Preparing Your Staff and Volunteers

Churches should be one of the safest places in the world for children. The Bible describes Christ’s love for children and promises dire judgment upon anyone who would harm a child:

At the same time came the disciples unto Jesus, saying, Who is the greatest in the kingdom of heaven? And Jesus called a little child unto him, and set him in the midst of them, And said, Verily I say unto you, Except ye be converted, and become as little children, ye shall not enter into the kingdom of heaven. Whosoever therefore shall humble himself as this little child, the same is greatest in the kingdom of heaven. And whoso shall receive one such little child in my name receiveth me. But whoso shall offend one of these little ones which believe in me, it were better for him that a millstone were hanged about his neck, and that he were drowned in the depth of the sea. (Matthew 18:1-6)

Vacation Bible Schools are often run by volunteers who want to lead children to Christ. The church should take great care to protect these precious saints, even as they protect the children they serve. To send volunteers on such an important mission without proper training and direction in the realities of the children's ministry is to invite disaster - for the volunteers and ministry alike.

The Christian Law Association strongly recommends that churches and other ministries take very seriously their role of keeping children safe and preparing ministry volunteers for the realities of children’s ministry in today’s America.

Background Checks for Volunteers

Even though not yet required by statutory law, all ministry volunteers should be screened, especially those who work directly and indirectly with children. Such screening is generally done through criminal background checks, personal interviews, and observation over time. Background screening is a mere formality for most church volunteers, but it can also be a strong deterrent to those - some with criminal backgrounds - who might be tempted to target a ministry as an easy way to prey on children.  If a person's intent is to harm a child, they will logically seek a church where background checks are considered unimportant.

The screening of volunteers, especially for VBS programs, should include the following:

• Completion of a basic information form simple enough for the volunteer to complete in 5-10 minutes. The form should be signed and dated by the volunteer, and it should specifically authorize the ministry to conduct a criminal background check before any volunteer service begins.
• An interview with the pastor or other ministry leader to determine readiness for service and to ascertain the information needed for conducting a criminal background check.
• A criminal records check in each state where the applicant has resided.
• Fingerprinting for every volunteer.

If anything questionable appears during the screening process, the volunteer should not be allowed to work with church children. A ministry that takes the appropriate screening of all volunteers seriously will minimize risks of physical and financial harm for the ministry, the volunteers, and the children. And best of all, God will be glorified as souls are saved and the ministry remains strong to continue the work of the Kingdom.

Training Program for Volunteers and Staff

At the end of the summer VBS program, many churches set aside a special time to honor their volunteers with a dinner. Why not also set aside a special time for volunteers before the VBS program begins? Pre-VBS banquets can be a perfect time for preparing to do background checks and for training volunteers. Fingerprints and essential paperwork can be done at the banquet while everyone is together and having a good time. Such important procedures will seem less threatening if done in a fun group setting.

Adequate training is critical for volunteers to able to act responsibly and prudently. Such training should include the following:

• Knowledge of church policies and procedures so the volunteer has a clear understanding of what is expected. 
• An explanation of the importance of criminal background checks and screening for everyone. All volunteers, even longtime members, should understand that such screening in no way indicates a lack of trust or respect for the volunteer but is a demonstration of the extreme importance the church attaches to caring for children.
• Instruction in the importance of record keeping and in the proper procedure for keeping records.
• Instruction regarding the state’s child abuse reporting laws. CLA has a publication called Understanding Child Abuse Reporting Obligations.

Here are some important components to be included in a training program for church volunteers working with children. 

1. Acknowledge that child abuse, including child sexual abuse, is a major concern for every ministry, both as a spiritual and criminal problem. Raise awareness of the reality of child abuse, neglect, and child sexual abuse.
2. Volunteers should be trained ahead of time to recognize the signs and symptoms of neglect and abuse, including sexual abuse, and to be ready to make mandated reports and/or appropriate referrals for pastoral care or counseling. All VBS staff and volunteers should be instructed in appropriate procedures for preventing and reporting any reasonable suspicion of abuse, including sexual abuse. 
3. Teach all staff and volunteers the spiritual and legal dangers of violating a position of trust with children. Explain that the church is obligated to report any criminal behavior to police and that no one will be protected by the church who engages in such crimes against children. Allow time to respond to questions and observations about these important issues. Document and record the meetings, clearly identifying all participants, in the unlikely event that evidence might be needed to protect the ministry should criminal activity take place despite its best prevention efforts.
4. Encourage the staff and volunteers by accentuating the position of trust they are undertaking and the eternal significance of their work with children. Explain why it is necessary to conduct background checks and explain the rules, policies, and procedures to everyone, whether this is their first volunteer experience or whether they have been volunteering with children in the church for the past forty years. By submitting to these procedures themselves, long time volunteers set a good example for newer recruits.
5. Emphasize to staff and volunteers that Christian childcare workers must maintain an appropriate and professional distance from the children to whom they minister. Excessive familiarity can lead to misunderstandings and situations with criminal consequences or to allegations of abuse that can unnecessarily ruin lives. It is important to discuss issues such as toileting policies and the importance of male volunteers refraining from excessive touching of any children below the neck.
6. It is especially important that childcare workers and volunteers understand that they should never be alone with children. Isolation invites false allegations as well as secret indiscretions. Church policies for VBS and all other programs should clearly state that it is always unacceptable to be alone with a child. All children’s classes should have at least two volunteers present at all times.
7. Every volunteer should be given a copy of the church’s procedures and policies for working with children and should be asked to sign a document stating that he has received and understands the information provided. In addition, the volunteer should be required to read and sign a copy of the church’s statement of faith and standards of conduct. Execution of these documents will prevent a disgruntled volunteer from later claiming a lack of knowledge about the performance or conduct that was required by the ministry. Any church bylaws and ministry procedures should be enforced fairly and consistently for volunteers as well as for paid staff workers. Volunteers who fail to follow ministry rules should be dealt with as quickly as possible. It is also important that similar infractions for all volunteers be handled in the same manner.

Keeping Records

In order to defend a ministry from legal liability and to keep all children and volunteers as safe as possible, it is extremely important for the ministry to keep good records. Many churches have been spared the stress of a lawsuit by something as simple as an attendance register.  Church records should include:  Each volunteer's personnel file with all background materials; evaluations; problem reports and/or disciplinary measures; signed release and consent forms; a copy of driver's license for all persons transporting church members and attendees.

Attendance records and incident reports for all children and youth ministry programs are also critical and should be secured in a lockable file.

Parent Communication

Regular communication with the parents of children in a church program is critical. When a parent sends a child to Sunday school or to VBS, that parent expects the child to actually be there. If a parent believes his child is at the church, when in reality the teacher has taken the child on a field trip to another location, the parent will likely be rightfully upset. When parents believe they have been misled, it is very difficult to regain their trust. This is especially true of students whose parent are not members of the church.

 Special events sponsored by the ministry require honesty in advertising. For example, if your ministry advertises a VBS program that will also be used to witness to neighborhood children, that purpose should not be hidden. If the ministry leads parents to believe that the event is only social, without any attempt at evangelism, the ministry has not properly informed the parents of their child’s activities. Parents should be fully informed of the nature of all ministry events so they can make an informed decision regarding the participation of their children. There might be legal consequences from parents who later become upset with a ministry’s “hidden” evangelistic agenda. While we might logically assume that any church activity would include evangelism, that assumption would not be shared by some unchurched families in the neighborhood. More importantly, a ministry harms its witness for Christ by engaging in activities that could be viewed as dishonest or deceptive. Remember, the Bible says that we are to do things honest in the sight of all men, regardless of what we perceive to be the consequences.

Parents should sign specific permission slips for all activities, both at the church and off site, before the VBS program begins. Permission slips signed by parents have two purposes: (1) to avoid liability by giving permission ahead of time for off-site activities where children might be transported by bus or in private cars; and (2) to avoid liability by being upfront about the VBS evangelistic purpose. For instance, children should never be baptized without specific, written permission from their parents or guardian. Neither should children ever board a church bus without specific, written permission from their parents. Children should never participate in a roller skating party or a trip to an amusement park or any other special event without written parental permission for that specific activity. Remember that waivers and release forms will be useless if the person signing the form does not understand it, if the form does not clearly state what activities are being covered, or if the church is unduly negligent in its oversight of the activity even when permission forms are signed.

Insurance Is Not Optional

“A prudent man foreseeth the evil, and hideth himself: but the simple pass on, and are punished.” (Prov. 22:3) 

No matter what activity a ministry engages in, some legal risk is unavoidable. Therefore, it is prudent for churches and other ministries to take out insurance policies to protect them from risks for both physical damages and legal liability. Such insurance policies should cover the ministry for damages even in programs that are run by volunteers. Insurance policies should cover both property damage and any other damages the church might be required to pay in compensation costs to an injured party. 

Ministries that work with children should check their ministry liability policies to make certain the ministry is covered for risks arising out of child abuse and/or failure to report child abuse. Policies will generally exclude coverage for criminal and intentional acts such as sexual abuse. Ministry leaders should also familiarize themselves with procedures for reporting claims to the insurance company.

Many types of insurance are available to protect ministries and to shift some of the risks of liability and loss that are inherent in operating a church or ministry. The Christian Law Association publication Audit of Insurance explains these insurance options. For churches that already have insurance policies, it is important to conduct a periodic review of coverage to make sure all insurance needs are being met. Such needs change regularly in light of current ministry activities and societal litigation trends. Insurance policies should protect the church against damages from both legal liability and unavoidable accidents.

What If the Unthinkable Happens?

Despite the church’s best efforts to protect the flock, the day may come when a church volunteer is accused of improper conduct. If this happens, the church needs a plan for protecting the parties involved and for handling the investigation and publicity such behavior will generate. 

Allegations against a ministry worker or volunteer should trigger a mandatory investigation, both internally and in cooperation with appropriate law enforcement personnel. In situations where there is a reasonable suspicion of sexual or other child abuse, steps should immediately be taken to initiate the ministry’s child abuse reporting procedures, including reporting to the appropriate authorities both internal and external.

It is critical that the situation be handled well from the start. When appropriate, the accused volunteer should be notified of the accusation and immediately suspended. This step is for the protection of both the volunteer and the alleged injured party. Until an investigation is conducted, it will not be known whether the suspension will protect the volunteer from further false allegations or protect the individual from further injury.

Other notification requirements should include immediately contacting your insurance company and your church’s attorney. These contacts should be made even if a lawsuit has not yet been filed. Finally, the church should refrain from making any statements or signing any documents without legal advice, and should refuse any media interviews without legal guidance.

What About the Website?

A ministry in the 21st century might want to use its website to advertise its VBS program or to post information while the program is in progress. This added feature raises added legal concerns. A ministry should never publish private personal information on its website without specific, written approval from the individual involved or from the parents or guardians if the individual is a minor.

Transporting Children

CLA recommends that churches take special care when transporting children—either to a program at the church such as VBS or to off-site activities as part of that program. The following items should be considered when ministry vehicles are used.

1. Careful maintenance

Maintenance of all church vehicles is a critical element in reducing the risk of accidents. A strict schedule of maintenance checks and procedures should be followed. Essential vehicle systems—braking, exhaust, fuel, steering, and suspension—must always be well maintained. Both pre- and post-trip maintenance checks must be performed from the front to the back of the vehicle.

Special attention should be given to vehicle tires. Failed tires are one of the leading causes of accidents. Tire inflation, tread, and steel belts should be looked at very closely, especially those in the rear. As an additional precaution, tire pressure should also be checked every time the fuel tank is filled. If there is any sign of tire damage or weakness, the tire should be replaced immediately. High quality tires that are properly sized and rated for the vehicle and load must be purchased, especially for the rear.

2. Use only qualified drivers

The ministry should prepare an approved list of qualified drivers and allow only listed drivers to drive ministry vehicles or transport children in private vehicles. A qualified driver should meet the same stringent criteria required of any commercial chauffeur license.

3. Mandate Seatbelt Use 

Many people killed or injured in traffic accidents were not wearing seat belts. Also, many of those injured would have been less seriously hurt if they had been wearing seat belts. It is critical, therefore, that ministries have and enforce a written seat belt use policy that requires passengers to buckle-up. For some insurance companies this is a condition of coverage. 

4. Maintain Adequate Insurance Coverage

Most churches do not have adequate liability insurance to cover accidents in which passengers are seriously injured or killed in church vehicles. According to one church insurance provider, the typical one-million-dollar limit of liability coverage is not enough to cover the risk associated with the transportation of people. It is important, therefore, for churches to check with their insurance agent to make sure their insurance coverage is adequate. If coverage is inadequate, the church should prayerfully consider increasing its coverage to the recommended level. For a more in-depth guide to understanding insurance options, please contact CLA for information on obtaining a copy of the publication, Ministry Audit of Insurance. 

5. Consider obtaining insurance coverage for non-owned automobile liability. 

If personal vehicles are used for ministry purposes, the church could still be held liable for any accidents. If a church cannot purchase this insurance, drivers should verify that their insurance will cover accidents occurring during the course of service to the church. This verification should be produced in writing and kept on file at the church.

Safety should be the first and foremost consideration when choosing and using a ministry transportation vehicle. After all, such transportation involves the ministry’s most precious cargo—its children.

This Is a Lot to Consider

With awareness of child abuse at epidemic levels and general cultural hostility for the church rising with it, ministry to children today is no Sunday picnic.  However, for exactly the same reasons such ministry is more essential than ever in a lost and dying world.

There is no more important calling than to pass the light of Christ to the next generation.  That is why the Christian Law Association remains dedicated to legally protecting ministries to children, especially through the simple witness and evangelism of Vacation Bible School. Our heart's desire is for your ministry to enjoy the harvest of souls - not a harvest of legal challenges - this summer!

Originally published in the June 2005 Legal Alert.