Leaders involved in Youth Ministry and Religious Education have always been aware of their responsibility for the safety of the youth involved in their programs. At the same time, all parish coordinators of Youth Ministry and Religious Education and their volunteer teams should be aware that you are never immune from the possibility of injuries or lawsuits. The primary concern we all have is for the safety of the youth and adults involved in our Youth Ministry and Religious Education programs.

Basic facts in dealing with safety and liability of all involved in Youth Ministry and Religious Education in the Diocese of Owensboro are:

1. While we can never eliminate the possibility of injuries, we must take all appropriate steps to reduce their occurrence for the benefit of individuals in our parish communities.

2. The law considers us responsible for the safety of those in our programs under two legal theories: "tort liability" and "premise liability" (see below for an explanation).

3. The increased risk of litigation in recent years.

4. The Diocese has retained coverage which will protect you while acting within the scope of your ministry.

5. This protection is based upon limiting the possibilities of injuries and resulting lawsuits through the precautions of program administrators, as outlined in these Guidelines.

6. There is no protection for any criminal or intentional act.

The increased risk of litigation in recent years has made us all the more sensitive of the need for clear communication with youth and parents or legal guardians, for appropriate supervision for all activities, and proper maintenance of our facilities to reduce the possibility of accidental injury. The term "risk management" is often used to describe efforts to minimize possible injuries to those who are in our care or on Church property.

Under the principle of "tort liability" all the participants in our programs are considered "invites" for whom we owe certain duties. If we fail in those duties due to negligence or improper conduct we are liable for the consequences. Issues we need to consider under this legal theory are all the issues concerned with clear communication of activity details with parents or legal guardians, clear communication of behavioral expectations of participants and the consequences of misbehavior, safe transportation, safety while in attendance, and the possibility of mistreatment or abuse of youth while in our programs.

Negligence, according to Sr. Mary Angela Shaughnessy, S.C.N., J.D., is the most common of all lawsuits filed against educators. Negligence is an unintentional act or omission, which results in injury. Due to the fact that negligence is unintentional, a person charged with negligence is generally not going to face criminal charges but monetary charges (Shaughnessy, 1996, pp.8-9).

Legal negligence must include four elements. If any of these elements is missing, legal negligence cannot be found. The four elements of negligence are:

• Duty • Violation of duty • Proximate cause • Injury

The person charged with negligence must have had a responsibility or a duty in the situation. Injuries that occur at a place or time where the person does not have responsibility does not constitute liability. Violation of duty means that the person charged with negligence was not engaged in the responsibility or duty. Accidents can happen even with proper supervision but there is no negligence if there is no violation of duty.

Proximate cause means that the violation of duty was the cause of the injury. Proximate cause is complex because it includes the concept of foreseeabiltiy. Proximate cause does not necessitate that the responsible person has foreseen the injury but that a reasonable person should have foreseen that some injury was possible. Some injury must happen for finding negligence. Injuries can be physical, emotional or psychological.

Under the principle of "premise liability" we are considered responsible for the safety of anyone who comes onto the property of which we are in possession or control. If someone is injured while on our premises, due to an unsafe condition of the property, we will be liable. Therefore, it is recommended that anything in need of repair be brought to the attention of the appropriate staff person. Issues we need to consider under premise liability are: 1) the proper installation and maintenance of buildings and equipment; 2) the proper maintenance of the grounds, including driveways, parking lots, sidewalks, and steps; 3) emergency safety equipment such as exit lights, fire safety equipment, fire extinguishers, first aid kits; 4) Emergency safety procedures such as fire and tornado procedures and drills, etc.

You must take the following guidelines very seriously whether you are paid or volunteer, full time or part time. By doing so you are serving your youth, their families, your parish, and the Diocese.

Despite all the proper precautions and your best planning someone may get injured. Should you be aware of any incident of injury or property damage, report it as soon as possible to the sponsoring agent. This is done by submitting an incident report to the Chancellor’s Office.

To insure weather preparedness, you may want to have an assessment conducted by The Severe Weather Preparedness Office at 270-744-6440. Revised 1/03

The following guidelines, policies and statutes adopted by the Diocese of Owensboro, are intended for all Diocesan, Deanery and Parish activities/programs for young people, including Religious Education and Youth Ministry activities/programs. Reading through these guidelines may be very overwhelming at first. You may find yourself saying, "I didn’t get into ministry to do this." But planning for the safety of our youth is in itself an act of caring. Many experienced youth ministers and religious educators have found over the course of planning several activities that these practices become second nature.

Parents or Legal Guardians must complete a Permission Form (Form A) for all minors, anyone under the age of 18. Proof of Guardianship is encouraged. Each form must be signed by 1 witness 21 years of age or older, who may be a spouse. An original form must be kept on file at the parish for parish events. An original medical form must be taken on all overnight or out of town trips (Form A Pages 9-10) for the parish or Diocesan events, i.e., CLI, Camp Life. Adults attending youth functions must complete an Adult Participant Emergency Medical Release and Health Form (Form B) to be kept with youth forms in case the need for medical attention should arise during an event (Form B, Page 11).

The following guidelines are to be followed accurately and responsibly by all adults working with children and youth. In order to facilitate communication with parents about specific events, an Activity Information Form has been developed (Form C, page 12-13).

Rev.2/02

The purpose of Youth Ministry/Religious Education activities is to allow young people from all over the Diocese of Owensboro to grow in their faith, have a good time and form Christian friendships. Therefore, we have certain expectations of the children, youth and adults who participate. (See Form D, page 14)

Participants at Youth Ministry/Religious Education activities have a responsibility to follow rules and respect the authority of adults whose jobs are to ensure a safe and enjoyable experience for many and not just one individual. Therefore, in order to maximize the protection of person and property to the fullest extent possible, a search and seizure policy has been developed. (See page 15)

1. It is strongly recommended that commercial vehicles be used for transportation whenever possible. If it is not possible to use commercial vehicles, then privately owned vehicles may be used as long as the owner is aware that his/her vehicle insurance is primary. Liability coverage limits are recommended to be set at $300,000 at a minimum. It has been a trend for several years that individuals who drive frequently for organizations larger than themselves to carry a minimum of $500,000.

2. All volunteer drivers must fill out Form E (Page 16-17), The Volunteer Drivers Form. This will be kept on file in the parish and updated annually or as needed. If the volunteer answers "yes" to any of the questions on the form, they may be disqualified as a driver. Issuance of citations and/or conviction as a felon are not automatic bars to consideration. Drivers for youth events must be at least 21 years of age.

3. No privately owned vehicle may be allowed to leave the parish site unless a seatbelt is available for each passenger. It is the driver’s responsibility to ensure that all vehicle safety and traffic laws are observed. All drivers are encouraged to be aware not to place anyone weighing less than 100 pounds near an air bag.

4. When more than one vehicle is used to transport participants, all drivers should have written directions/maps and be briefed on the area. It is encouraged that each group should have compatible emergency communication devices (i.e. walkie talkies, CB radios, cellular phones, etc.) along with appropriate information such as channel and/or cell phone numbers.

5. No adult should be ALONE in a vehicle with a minor (anyone under age 18).

Rev. 1/03

6. All drivers should drive directly to and from designated locations without unnecessary stops. Acceptable stops might include: illness, emergency bathroom breaks and/or

vehicle problems.

7. It is strongly recommended that at least one vehicle be equipped with a First Aid Kit and a First Aid Manual.

8. No firearms are to be carried in any vehicle at any time.

1. Prior to any out-of-town/overnight activity, the Diocesan Office of Administration should receive the following information (For example: use Form C and add the approximate number of participants.) via fax, (270-683-6883) e-mail (josepha.boone@pastoral.org) or mail:

A. Where B. How transported C. Approximate number of Adults and Youth D. Departure Date E. Return Date

NOTE: All privately owned vehicle’s insurance is primary.

2. If a particular location requires a Certificate of Proof of Insurance, for Diocesan liability a minimum of two weeks is required to obtain the Certificate from the Office of Administration.

3. If a parish does not have vehicles, fill out Form E1 according to the letter from the Office of Administration. (The letter may be found behind Form E 1.)

1. The parish is responsible for supervision if it is known that unsupervised participants may be present. Supervision is more than physical presence; it is full time involvement with the youth.

2. All chaperones must be at least 21 years of age. Any volunteer under 21 must have supervision, and may not be considered a chaperone.

3. It is recommended that there be a minimum of one (1) chaperone per ten (10) minors for High School level activities, one (1) chaperone per seven (7) minors for Middle School level activities and one (1) chaperone for every five (5) minors under Middle School age. The chaperones should reasonably be available and visible at all times during the events, take part in enforcing the rules, and take control of any situation that the young people are unable to handle. It is recommended that NO activity have less than 2 ADULT chaperones, preferably 1 male and 1 female. No adult should be alone with a minor (anyone under age 18). All chaperones must have read and signed the Diocesan Sexual Abuse Policy (Pages 20-37). Rev. 1/03

4. All chaperones will abide by the same rules and requirements given to minors (example: no alcohol consumption at any time during the trip or event).

5. All volunteers shall complete a "Youth Leader Request Form" as required by the Diocese of Owensboro (Form H, Page 23). The "Youth Leader Request Form" should be kept on file at the parish.

6. All chaperones must be approved by either the Pastor, DRE, CRE, Coordinator of Youth Ministry, or Supervisor of the individual event.

7. Chaperones shall not at any time purchase questionable or illegal items for a minor (example: smoking materials or any smokeless tobacco product, alcohol, drugs, weapons, condoms, and sexually-suggestive materials, clothing or items).

8. Adult leaders are strongly encouraged to refrain from using tobacco products while in the presence of minors.

9. On all overnight and/or out-of-town activities some chaperones should be of the same gender as the participants. If the young people are male and female, there should be a male and female chaperone.

10. It is strongly recommended that each parish have a procedure in place to accommodate participants who arrive before an activity or remain after an activity.

1. Adults are not to share a closed hotel room, dorm room or vehicle with one minor except when the minor is the adult’s own child.

2. Care must be taken that sleeping areas are clearly segregated between males and females.

3. In situations where males and females share a common large room (example: a parish hall), a rotation of adults is to be provided at all times for proper supervision. (At least one (1) designated adult [male or female] available to supervise the area throughout the night.) (An alternative would be to hire an adult for security/supervision who is at least 21 years of age.) Rev. 5/01

2. Adjoining rooms should be requested when possible for better supervision. All rooms must be checked by the group leader before assigning them to groups to avoid males and females having adjoining doors.

3. No minor should be allowed to leave the hotel property without authorized adult supervision.

4. Minors should be informed of safety rules and security measures prior to the trip and reminded of these periodically during the trip. Fire procedures should be reviewed at the hotel/motel.

5. Chaperones should set a curfew and make a room check at night. During the day, there should be periodic group meetings to be sure everyone is present.

6. Pay TV and long-distance telephone lines should be turned off at the hotel desk. The use of pay phones should be encouraged for long distance calls.

1. It is strongly recommended that tents which can accommodate large numbers be used whenever possible. This will allow for better supervision.

2. There is to be no coed sleeping in tents.

1. All Youth Ministry/Religious Education personnel (paid employees or volunteers) must sign Form F (Page 37) stating that they have read, understand and accept the Diocese of Owensboro’s Statement of Policy and Procedures regarding Sexual Abuse. (Appendix II, pages 33-37; Diocesan Sexual Abuse Policy and Procedures) Rev. 1/03

2. All volunteers shall complete a "Youth Leader Request Form" (Form H, Page 23-24) as required by the Diocese of Owensboro. The "Youth Leader Request Form" should be kept on file at the parish.

3. All paid employees shall complete a "Request For Conviction Report" (Form I, Page 25-26) as required by the Diocese of Owensboro.

4. Anyone who obtains information of known or suspected physical or sexual abuse, neglect, exploitation and/or harassment of any participant while in performance of his/her duties for a parish, shall report said information immediately to the proper authorities (the Department of Social Services listed under State of Kentucky, and/or law enforcement officials). The adult making a report should immediately inform his or her supervisor that a report has been made. (Form G: Abuse Report, Page 21-22; See also Appendix III Page 38.)

To prepare for the possibility of a potentially violent situation, the following guidelines are being recommended. The priorities will be for SAFETY and NOT BETRAYING TRUST with the attempt to find the balance between the two. It is important to remember to focus on the behavior and NOT our own judgments!

1. To help insure the ability to communicate with a next of kin in case of an emergency, at check-in to any event, make sure there is a phone number for an emergency contact person.

2. In the event of a crisis situation or A THREAT TO THEMSELVES, (i.e., threat of suicide, etc.) the following steps are suggested:

a. Call parent/legal guardian/emergency contact/host family for exchange student provided on registration form

b. Communicate the situation and your level of concern; suggest the need for an assessment and ask about initiating that process

1. Call an emergency contact number provided for local crisis line or counselors (see AppendixVI, pages 42-43)

2. If they cannot be reached or refused to come and get the individual or appear to be unconcerned and are not going to do anything, as a last resort, call the police, as they have emergency numbers they can call for such situations; persons may be admitted for assessment when there is a concern for their or someone else’s safety.

c. If the situation escalates beyond your control, call 911 or legal authorities.

3. Responses will be as follows to a situation where there is concern for potential violence or THREAT TO OTHERS.

a. If there is immediate danger, one or more adults will act as a physical presence while another/others will call 911 to activate appropriate emergency personnel. The police will be summoned for any injury occuring during an incident involving violence of aggressive behavior.

b. If danger is suspected, the youth will be interviewed by a pair of adults on the team, preferably one of the Directors and another adult that is ascertained to have a rapport with them. A code of ethics (confidentiality) will ensue such that whatever is discussed may or may not be disclosed to the rest of the team depending on the sensitivity of the information shared.

c. Search and seizure will be used as a means of last resort. Legal Counsel may be sought prior to any search. With the search and seizure policy in place and noted in the Code of Conduce, this would not be absolutely necessary.

The article YOUR YOUTH CONFERENCE: COPING WITH VIOLENCE may be used as a reference guide (See Appendix V, Pages 40-41). Specific legal counsel may need to be sought in specific situations.

This does not constitute legal advice in any specific situation. Consult organization counsel for specific advice.

An Incident Report Form (Form J, Pages 27-28) must be completed for every incident that involves professional medical attention or for which potential medical attention might be required. This may include other incidents (i.e. damaging property). (Report anything that needs immediate/potential attention.) Keep these on file at the parish and send a copy to the Office of Administration. It is encouraged that an Incident Report be completed and reported within 24 hours minimum, or two weeks maximum, from the date of the incident.

This plan has been developed for the prevention and control of diseases caused by blood borne pathogens. It represents measures which are required for implementation of and adherence of OSHA standards. This exposure control plan will be reviewed and updated annually, or as necessary. (See Appendix IV, Page 39):

New tasks are implemented

Tasks are changed

New employee positions with potential exposure are added

An exposure incident indicates the need for a revision in the plan. Rev. 1/03

1. Priority must be given during any Church overnight trip to ensure that all participants fulfill their Sunday and Holy Day obligations.

2. If the Sacrament of Reconciliation is offered, it should be done in an open setting.

3. Medical changes: If anything changes on the Permission Form (Form A), please inform the Youth/Religious Education Director (i.e., insurance policy, medical condition, medicines, etc.)

4. All movies should be screened by an adult designated by the Youth Ministry Contact or Director/Coordinator of Religious Education before they are presented to young people. Caution should be taken concerning the moral content, especially with regard to violence and sexually explicit content. (Catholic Movie Hotline: 1-800-311-4CCC)

The Offices of Youth Ministry and Religious Education would like to take this opportunity to thank you for your active participation and cooperation in carrying out these guidelines.

Rev. 1/03

FORM B: ADULT PARTICIPANT FORM (MEDICAL RELEASE AND HEALTH INFORMATION. (KEEP FOR 5 YEARS; Page 11)

FORM C: ACTIVITY INFORMATION FORM (Page 12-13)(Suggest keeping for 1 year.)

FORM E: VOLUNTEER DRIVERS FORM (GO BACK 5 YEARS; Pages 16-17)

FORM E1: AUTO LIABILITY RENTAL COVERAGE (Pages 18-19)

FORM F: DIOCESAN SEXUAL ABUSE POLICY AND PROCEDURES FORM (Page 37)

FORM H: YOUTH LEADER REQUEST (CONVICTION CHECK FOR VOLUNTEERS.) (Page 23-24)

FORM J: INCIDENT REPORT FORM (Pages 27-28)

**See Appendix I for further information

Revised 02/01