Youth-serving organizations take on a serious responsibility when they open their doors to children and other vulnerable people. Fulfilling that responsibility well requires two things working together: a safety culture strong enough to prevent harm, and independent investigations credible enough to find the truth when someone alleges mistreatment.
Youth Services Law covers both. Posts examine the legal landscape, practical decisions, and organizational choices that shape how schools, camps, churches, colleges, faith-based groups, and community organizations protect the people in their care and respond when something goes wrong. The goal is the same in every post: precise, useful guidance for child protection and investigations.
In my last post, I discussed the 20+ years of research on the possible effects of adverse childhood experiences (ACEs) on children. Fortunately, we are seeing more research into how we can help counter the ACEs that the children in our care have suffered. None of these studies is definitive — even the original ACEs…
One of the most active areas of mental health studies these days is the effect of adverse childhood experiences (ACEs) on long-term health. The term stems from a groundbreaking study from 1995-1997 by the Centers for Disease Control and the Kaiser Permanente Foundation. That study found that children who experience ACEs have increased risk of…
I often find myself in a case opposing a party who has designated his or her or a child’s treating therapist as an expert witness on various forensic issues. This arrangement is rarely, if ever, a good idea. I understand the temptation to save money by hiring one person instead of two. However, a treating therapist…
A military court of appeals recently made headlines when it dismissed child abuse charges against a Marine colonel. The very thorough opinion provides a good case study in the difficulties of interviewing young children. In both my experience as a civil lawyer defending youth organizations and my past life as a criminal prosecutor, I have…
As I discussed in my last post, courts generally allow depositions of children who may have relevant information. That right is not boundless, however, and courts have the right to set conditions to reduce the stress and trauma to the child. Courts that have allowed depositions have either set the conditions themselves or required the…
One dilemma that lawyers confront is when and how to depose children. Sometimes, those children are the professed victims in litigation; other times they are fact witnesses. Quite often lawyers for the child’s family will resist a deposition, citing the potential for psychological trauma. Most courts that have considered the question have found a right…
USA Swimming is caught up on the same allegations that roiled USA Gymnastics. An explosive newspaper report and lawsuit allege that USA Swimming covered for pedophile coaches. The group blamed the problems on the prior administration, but like clockwork, the lawsuit recently added USA Swimming as a defendant. According to the lawyers’ press release about…
The most recent APSAC Advisor has an excellent article about an important issue — the myth that mandated reporters are immune from liability for reporting their suspicions of child abuse. Every training I have ever attended has reassured mandated reporters that they will face no repercussions from making a report. That information is flat-out wrong…
Many of my smaller clients have asked about hiring short-term and part-time staff as independent contractors rather than employees. My law partner, Glianny Fagundo, outlines some of the risks of that practice: Hiring staff members as independent contractors can create a legal risk for your operation. “Contractors” is a category reserved for specialists in an…
As your program starts planning for the new school year, here are some topics that you need to consider including. Some are more important than others — mandated reporting for example, may fulfill a legal requirement in your state, while dealing with media inquiries may be a remote possibility. As always, your training program should…