Housing Allowances – A Minister’s Housing Allowance is designated as the lesser of: The amount actually used to provide a home, the amount officially designated as a rental allowance, or the fair rental value of the home, including furnishings, utilities, garage, etc.
Abuse Prevention Plans – Churches have an obligation to address the opportunities and potential for the abuse of children with a determined, intentional preparedness effort. Work to create an environment where it is virtually impossible for sexual abuse to occur on church property during church ministries and events.
Property Disputes
Multiple Tracts – As churches grow, it’s possible that additional tracts of real estate were purchased for facility and parking lot expansion. This is especially true when adjacent homes and real estate is purchased over a long period of time. Ensure good recordkeeping for church real estate transactions.
Check Tax Records for Accuracy – Multiple tracts create an opportunity for inaccurate reporting and recording. Ensure that your church is accurately reflected as the owner for each tract in your portfolio.
Governing Documents – Ensure that property transactions are executed by church officers specified by your organization’s governing documents.
Personal Injury – See Section 4
Lawsuits – Personal Injury Lawsuits occur regularly in personal, private business and church settings. Mitigate your risk wherever possible, protect your church with appropriate levels of liability insurance, and be prepared for Personal Injury Lawsuits.
Risk Management and Mitigation – Most insurance companies provide risk assessments and recommendations for their policyholders. Regular inspections and walkarounds often yield a list of action items to mitigate risks and liability exposure.
Zoning – Some local governments have made it more difficult for churches to operate and own property. Federal law explicitly protects churches and other religious institutions and individuals from unduly burdensome or discriminatory land use and zoning regulations. After learning that local land use and zoning regulations often placed burdens on religious congregations’ ability to practice their faith in violation of the U.S. Constitution, Congress enacted the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA). See “What Churches Need to Know About Local Zoning and Land Use Laws” by Church Law Center.
Mandated Reporters – Every state in the U.S. has laws identifying individuals who are mandated reporters, typically professionals who have regular contact with children or vulnerable adults. These laws are designed to ensure that suspected cases of abuse or neglect are reported to the appropriate authorities for investigation and intervention.
General Abuse Prevention Guidelines – Effective Abuse Prevention Plans include background checks, adequate screening, automatic exclusions for ineligible workers, child protection policies, security procedures, and prompt incident reporting.
5-5-5 Method (also known as “Essentials Curriculum”) – “The Essentials: Sexual Abuse Prevention and Response Training” curriculum is provided without charge by the Southern Baptist Convention as a resource for small and medium-sized churches. It leads churches to establish or evaluate an abuse prevention and response plan.
Child Protection Policy/Reporting Process* (5 pages) – Every church should have a Child Protection Policy with robust abuse prevention rules and a clear reporting process for any suspected abuse or inappropriate volunteer behavior.
Kids Ministry Leader Application* (3 pages) – Volunteers should be thoroughly vetted with background checks, references, staff leader observation and personal interviews. Any prospective volunteer with preschoolers, children or students should be considered for service only after a defined waiting period (usually six months to one year).
Houston’s First Baptist Church Protection Policy* (14 pages)
Additional Abuse Prevention Exhibits & Resources
Accident Report* (1 page) – File an Accident Report to document all injuries, accidents or mishaps that occur at any church facility or event (onsite or offsite), as well as incidents involving any church-sponsored transportation.
Summer Camps/Trips Safety E-mail* (2 pages) – Recognize special safety considerations for offsite travel, camps and other events. Anticipate hot (or cold) weather contingencies and brief leaders and volunteers on safety protocols for medical emergencies and other concerns.
Sex Offender Policy & Covenant* (4 pages) – For churches and ministries with resources to manage identified sex offenders in public settings and facilitate ministry to this challenging group, create a thorough policy and covenant to establish clear guardrails and expectations. A well-staffed Safety and Security Team is a likely pre-requisite for any ministry of this kind.
Section 4 – Liability & Personal Injury Lawsuits
Lawsuits & Legal Maneuvers
Accidents, mishaps and injuries on church property can result in personal injury lawsuits.
What to Do When an Accident Occurs:
Administer first aid, call 9-1-1 and ensure the injured party receives quality care.
Ensure the comfort of the injured party and communicate the church’s desire to care for personal, spiritual and physical needs.
File a MedPay claim with the church’s insurance company. MedPay helps pay medical expenses for an injured party after an accident, regardless of fault. Provide claim information to the injured party.
Communicate regularly with the injured party to convey the church’s goodwill and ensure prompt resolution of their claim.
Work in good faith for the injured party’s good health and personal restoration. Mediate with your insurance company as necessary to expedite the claim process.
What Happens When You Get Sued?
Demand Letters – A Demand Letter is official notice that states the harm suffered by the sender, requests relief, and may threaten legal action. Demand Letters may include a demand for compensation. Understand that an attorney’s Demand Letter is not legal action, although the threat of legal action may be present.
Legal Action –
Interrogatories –
Internal Documents and Communication –
Intimidation Tactics –
Insurance Company’s Role
3-8-23 Claim #000-01-258011 E-mail* (3 pages)
Settlements
Waivers of Liability & Incident Documentation
Waiver of Liability & Medical Release – Minor* (2 pages) – Any event, activity, camp or transportation event with minors requires a Waiver of Liability and Medical Release. Medical Releases should be accessible to leaders during all phases of an event with extended travel time. Since medical events can occur at any time, this includes bus transportation, hotel stays and summer camps.
Waiver of Liability & Medical Release – Adult* (2 pages) – Require Waivers of Liability for any adult event or activity involving church-sponsored transportation or extended travel time away (hotel stays, bus travel, etc.). Adult waivers are especially important for senior adult activities, where trip hazards in new environments increase your liability exposure.
Incident Report* (1 page) – Incident Reports record unusual events that may not qualify as an accident or mishap. This could be minor altercations, verbal conflict with church leaders, argumentative behavior, abusive conduct or language, and other events above the reporting threshold. When in doubt about whether to record a borderline incident, encourage leaders to do so as a precaution.
Seminar Content
