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
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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.
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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 Myths
Fun vs. Safety?
FUN means:
SAFETY means:
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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
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
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Should include the following questions:
Have you been convicted of a criminal offense? Will you give us permission to
check your criminal record?
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Your screening policy must be consistently applied to every applicant to
avoid a discrimination suit.
• Ask for references
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At least 3 references are needed to get a good picture of an applicant.
• Interview the applicant
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Have at least 2 people conduct the interview.
• Make a final decision
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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
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Must be 21 years of age or older
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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 FORM
Name 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.
Certification
I 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
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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
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Replace with school bus
Replace with 8 passenger vans
Volunteer Drivers
Volunteer drivers need the careful support of the youth ministry
leader so that they can do their best. Such support will generally
include the following:
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Written directions and information
* A map and phone number to the destination
* Money needed for gas or tolls
* Special instructions about the trip
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Adult Support
Depending 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.
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Trial Run
Make sure every driver has a practice run in the vehicle he/she will drive prior to the actual trip.
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Emergency plan
Prior 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?
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Follow the example
The 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?
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Discuss the request to drive with
the student’s parent(s).
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If they approve, instruct the
student to meet you at your
destination, not at your departure
point.
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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:
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Day and overnight field trips
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Day and overnight retreats
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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 Information
This 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 Waiver
Should 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
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 representatives
associated 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 to
myself).
Child’s name
to participate in this parish youth ministry event that requires transportation to a location
away from the parish site. This activity will take place under the guidance and direction
of parish employees and/or volunteers from _______________________.
Name of parish
A 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 actions
taken 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 parish
employees and agents, and the Arch/Diocese of __________ , its employees and agents,
chaperons, or representatives associated with the event, from any claim arising from or in
connection 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 to
compensate the parish, its officers, directors and agents, and the Arch/Diocese of
_________, its employees and agents and chaperons, or representative associated with
the event for reasonable attorney’s fees and expenses which they may incur in any action
brought against them as a result of such injury or damage, unless such claim arises from
the negligence of the parish/diocese.
Signature: ___________________________________________ Date:
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MEDICAL MATTERS: I hereby warrant that to the best of my knowledge, my child is
in good health, and I assume all responsibility for the health of my child. (Of the
following statements pertaining to medical matters, sign only those that are applicable.)
Signature: ____________________________________________ Date:
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Medications: My child is taking medication at present. My child will bring all such medications
necessary, and such medications will be well-labeled. Names of medications and concise
directions for seeing that the child takes such medications, including dosage and frequency of
dosage, are as follows:
____________________________________
________________________________________________________________________
Signature: __________________________________________________ Date:
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No medication of any type, whether prescription or non-prescription, may be administered to my
child unless the situation is life-threatening and emergency treatment is required.
Signature: _________________________________________________ Date:
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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:
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Specific Medical Information: The parish will take reasonable care to see that the following
information 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:
___________
_______________________________________________________________________
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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
____________________________________________
Print Name
_________________________________
Date
High Adventure
High adventure is voluntarily putting ourselves into situations in the physical
environment that challenge our physical and emotional toughness.
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Ballooning
Scuba Diving
Bicycling
Motorcycling
Canoeing
Kayaking
Hang gliding
Rafting
Sailing
Skiing
Skydiving
Rock Climbing
Trekking
Survival Camping
Before Considering High Adventure…
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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 Crabtree
Group Publishing, Inc.
Thanks to Jack Crabtree for allowing the use of this material for our training purposes.
Any Questions?