2015 SEXUAL ABUSE SUMMIT ELEVATING AWARENESS. EQUIPPING LEADERS. OCTOBER 22, 2015 ATLANTA, GEORGIA.

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Presentation transcript:

2015 SEXUAL ABUSE SUMMIT ELEVATING AWARENESS. EQUIPPING LEADERS. OCTOBER 22, 2015 ATLANTA, GEORGIA

THE IMPORTANCE OF AWARENESS KIMBERLEE NORRIS, ESQ.

Facts v. Misconceptions Definition of Sexual Abuse: Any tricked, forced, manipulated or coerced sexual activity for the pleasure of the abuser *can be physical, verbal or visual

Facts v. Misconceptions 1. “It’s not that big of a problem.”

Facts v. Misconceptions 1. “It’s not that big of a problem.” -conservative studies estimate 60 million survivors in U.S. -1 in 4 females -1 in 6 males* * -66% don’t tell until adulthood, if ever…

Facts v. Misconceptions 1. “It’s not that big of a problem.” -Number of victims for male abuser prior to prosecution: -who molests boys: an average of 150 victims -who molests girls: an average of 52 victims -Average male abuser begins victimizing at age 13 or 14

Facts v. Misconceptions 2. The Problem is Growing -Abusers go to where barriers are the low -Barriers are low where understanding of risk is low -Some ministries rely too heavily on CBG Checks

Facts v. Misconceptions *Only 10% of sexual abusers hit the criminal ‘system’

Facts v. Misconceptions * < 10% of sexual abusers hit the criminal ‘system’ Abusers that never encounter the criminal justice system Abusers with some sort of criminal record

Facts v. Misconceptions 3. “I’d be able to spot an abuser.”

Facts v. Misconceptions 3. “I’d be able to spot an abuser.” -“Stranger-Danger” has limited effectiveness -90% of victims know and trust their abusers -teacher, youth leader, coach, volunteer etc.

Facts v. Misconceptions 4. Abusers have no visual profile -most look like you and me… -relying on “outside appearance” leads to failure

Jerry Sandusky

Facts v. Misconceptions 3. “All abusers are men.” -90% of convicted sexual abusers are men -10% of convicted sexual abusers are women

Other Important Information Abuser Characteristics Grooming Process Common Grooming Behaviors Peer to Peer Abuse Issues *this information was made available to all attendees through the video training link provided after the event *for a sample Sexual Abuse Awareness Training link, contact MinistrySafe

2015 SEXUAL ABUSE SUMMIT ELEVATING AWARENESS. EQUIPPING LEADERS. OCTOBER 22, 2015 ATLANTA, GEORGIA

2015 SEXUAL ABUSE SUMMIT ELEVATING AWARENESS. EQUIPPING LEADERS. OCTOBER 22, 2015 ATLANTA, GEORGIA

AN EFFECTIVE SAFETY SYSTEM GREGORY LOVE, ESQ.

Creating a Safety System Critical Concepts -what we believe shapes what we do -we cannot reduce a risk we do not understand

Creating a Safety System Diagnostic: what do our churches do at present? -Criminal Background Check -Child Check-In System -“Policies” -other?

Creating a Safety System Diagnostic: what should our churches be doing?

An Effective Safety System 5 Part Safety System -Sexual Abuse Awareness Training (staff & vol) -Skillful Screening Process (with training) -Appropriate Background Checks -Tailored Policies & Procedures -Monitoring and Oversight

An Effective Safety System Applicant “Sheep Pen”

An Effective Safety System *Skillful Screening *Criminal Background Check *Awareness Training *Policies & Procedures *Awareness Training

An Effective Safety System 5 Part Safety System – video tutorial -Video Tutorial on ‘Safety System’ link

An Effective Safety System

7 Tutorial Videos -An Effective Safety System -Awareness Training -Skillful Screening -About Background Checks -Policies & Procedures -Monitoring and Oversight -Accessing Online Tools

An Effective Safety System Awareness Training Applicant “Sheep Pen”

An Effective Safety System Awareness Training -Foundational -Creates Multiple “Watchtowers” -Dovetails with Screening -Critical for Policy Implementation -Self Select Out *online Applicant “Sheep Pen”

An Effective Safety System Awareness Training through MinistrySafe -Online Sexual Abuse Awareness Training -Control Panel (sends links and track results) Applicant “Sheep Pen”

Skillful Screening

“Keeping the Wolf out of the Sheep Pen” -Recognizing the sexual predator … … BEFORE the predator has access to children.

Skillful Screening A Skillful Screening Process Includes: -Application (employees, volunteers, teens) -References Checked (3 rd party source of info) -Criminal Background Check -Interview Applicant “Sheep Pen”

Tailored Policies & Procedures Applicant “Sheep Pen”

Tailored Policies & Procedures Policies are what you DO … not SAY you do -Grooming is the key -Must fit your program/activity -Awareness Training is key to implementation -Cannot be a secret -Periodically Review Applicant “Sheep Pen”

Policy and Screening Forms Policy FormsScreening Forms -Children’s Ministry -Youth Ministry -Day Care Centers -School Policies (core) -Athletics/Sports Policies -Camp/Conference Centers -Youth Sports -more *all updated August 2, 2014 … available through MinistrySafe -Application – staff -Application – volunteer -Application – teen vol -Reference Check forms -Codes of Conduct -Interview form -High-Risk Indicators -more

Criminal Background Checks What You Need to Know … -Necessary … but NOT a silver bullet -Deeper search for significant positions -Periodically refresh -Disqualifying offenses etc. -Be a good consumer! Applicant “Sheep Pen”

Criminal Background Checks

An Effective Safety System 5 Part Safety System -Sexual Abuse Awareness Training (staff & vol) -Skillful Screening Process (with training) -Appropriate Background Checks -Tailored Policies & Procedures -Monitoring and Oversight *Awareness Training (understanding grooming) is the key

2015 SEXUAL ABUSE SUMMIT ELEVATING AWARENESS. EQUIPPING LEADERS. OCTOBER 22, 2015 ATLANTA, GEORGIA

2015 SEXUAL ABUSE SUMMIT ELEVATING AWARENESS. EQUIPPING LEADERS. OCTOBER 22, 2015 ATLANTA, GEORGIA

RESPONDING WELL GREGORY LOVE, ESQ.

Responding Well Requires a Plan When an allegation arises … are you ready? *Unexpected and Multifaceted Challenge -Does a plan exist? - When was the last time the plan was reviewed/revised? -Who manages the plan (e.g. Exec Pastor, Church Admin, both)?

Developing a Response P.L.A.N. P – Parents/Guardians -Effective Communication to Parents/Guardians -Communication: do it early and often -Potential Questions from Parents/Guardians *Accurate and effective communication and care now is morally right, ethically correct, and may prevent litigation.

Developing a Response P.L.A.N. L – Listen with an Empathetic Ear -Victims/Victim Families -Congregation/Community -Children in the Program -Staff Members

Developing a Response P.L.A.N. A – Assemble a Response Team -Church Leadership -Contact List for Professionals -Legal -Insurance -Media/Crisis Communication *Lessons from the Ditch: Victim-Centric Responses

Developing a Response P.L.A.N. N – Notify the Authorities -Mandatory Reporters (includes clergy) -Georgia’s Abuse Reporting Statute [ O.C.G.A. § (2015)] - Narrow Clergy-Penitent Privilege [ O.C.G.A. §19-7-5(g)] - Reporting Deadline [O.C.G.A. §19-7-5(e)] -Criminal Penalty [O.C.G.A. §19-7-5(h)]

Sexual Abuse Fire Drill

Put preparedness to the test *Assume a multi-victim allegation against staff member -Do I have an effective safety system in place? -Who is my insurance agent? -How much coverage do I have … is it enough? -What types of coverage do I have? -What are the reporting requirements for my state? -Do my people know them?

2015 SEXUAL ABUSE SUMMIT ELEVATING AWARENESS. EQUIPPING LEADERS. OCTOBER 22, 2015 ATLANTA, GEORGIA

2015 SEXUAL ABUSE SUMMIT ELEVATING AWARENESS. EQUIPPING LEADERS. OCTOBER 22, 2015 ATLANTA, GEORGIA

CHANGES IN THE LAW GREGORY LOVE, ESQ.

Changes in the Law Types of Changes

Changes in the Law Types of Changes “Standards of Care” (what is reasonable) -Legislation -Licensure Requirements -Significant Lawsuit Results

Changes in the Law New Legislation -Statutes of Limitations (civil & criminal) -New Regulatory Requirements *watch what is happening in states near you

Changes in the Law New Legislation -Statutes of Limitations (civil & criminal) -New Regulatory Requirements *watch what is happening in states near you Georgia Hidden Predator Act – added a discovery rule -contrast Florida change from HB525 (2010) *Legal Analysis Available – GA and FL

Reporting Requirements

Generally -expansion of who is a mandatory reporter -enforcement of existing mandates

Reporting Requirements Georgia: O.C.G.A. § “Child service organization personnel” means persons employed by or volunteering at … an organization … that provides care, … training, supervision, coaching, counseling, recreational programs, … to children *report within 24 hours *very thin clergy privilege

Reporting Requirements Things You Should Know/Learn/Follow Changes

Reporting Requirements Things You Should Know/Learn/Follow Changes -Am I a mandatory reporter -Are any of my programs covered by reporting codes -Is the reporting requirement delegable -To whom is a report made -Within what time period is a report required -Is there a requirement for a written follow-up -Is there a clergy (or other) privilege in my state -Do I serve a population from another state

Reporting Requirements Internal Checklist -Do my people know the reporting requirements -Do I have a clearly expressed ‘chain of communication’ -What is my policy/practice regarding record keeping

Reporting Requirements Failure to Report – Consequences -Criminal Prosecution -Jeopardize Licensure (day cares/pre-Ks) -Denial of Insurance Coverage *report to insurance carrier

2015 SEXUAL ABUSE SUMMIT ELEVATING AWARENESS. EQUIPPING LEADERS. OCTOBER 22, 2015 ATLANTA, GEORGIA

2015 SEXUAL ABUSE SUMMIT ELEVATING AWARENESS. EQUIPPING LEADERS. OCTOBER 22, 2015 ATLANTA, GEORGIA

SKILLFUL SCREENING KIMBERLEE NORRIS, ESQ. “Keeping the Wolf out of the Sheep Pen”

Skillful Screening “Keeping the Wolf out of the Sheep Pen” -Recognizing the sexual predator … … BEFORE the predator has access to children.

Skillful Screening Skillful Screening Training -You can’t screen what you don’t understand -Molesters have no‘visual profile’ -Best way to predict future behavior … -Screeners MUST understand risk indicators *Without training, forms are just paper *Skillful Screening Training now available online

Skillful Screening – Conclusion Why Screen? -Protect your ministry’s reputation and mission. -Protect your children! -Pursue excellence. -Be proactive, rather than re-active.

Skillful Screening Skillful Screening Training *Skillful Screening Training is available live or online -to schedule a live training or arrange access to the online Skillful Screening Training, contact MinistrySafe

2015 SEXUAL ABUSE SUMMIT ELEVATING AWARENESS. EQUIPPING LEADERS. OCTOBER 22, 2015 ATLANTA, GEORGIA