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When Child Protection Meets Constitutional Limits
Government entities implementing child protection measures often focus solely on effectiveness—does this policy make children safer? But a recent Eighth Circuit Court of Appeals decision reminds us that even well-intentioned safety measures must respect constitutional boundaries. The recent ruling in Sanderson v. Hanaway, following the logic of the 11th Circuit in 2022 in McClendon v. Long,…
ADA Accommodations Mental Health Behavioral
The Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act require youth-serving organizations to provide reasonable accommodations for disabilities, including developmental delays, behavioral disorders, and mental health problems. Putting that principle into practice can be very difficult, particularly when many mental health and behavioral disorder diagnoses depend entirely on subjective criteria. It…
Crisis Response: Claiming to Be Transparent Isn’t Enough
A Texas nonprofit faces renewed investigation after its initial response to a crisis didn’t match its public records. Authorities in December 2020 charged the nonprofit’s chief financial officer, Gerald Monroe, with the sexual assault of his grandniece. The organization, Texas Foster Care and Adoption Services, said it terminated Monroe the day after the arrest. Monroe’s…
Child Protection Policies: First Steps
The recent USA Gymnastic and Catholic Church scandals illustrate the need for child protection policies in all organizations that serve young people. It is tempting to look for a policy that you can simply copy from another organization, and some companies will promise to sell you a policy that they have developed. Either route can…
The Parent Complaint That Becomes a Lawsuit: Legal Exposure at Every Step
How a youth organization responds to a parent complaint about staff can determine its legal exposure. Here is what the law requires.
Cyberbullying study
A new study of the effects of cyberbullying is getting a lot of attention, but its results may not match the press reports. Researchers pulled data from a survey of almost 2700 teens between the age of 13 and 17. The survey asked the minors to respond to an 18-item scale measuring types and instances…