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Texas 4-H MANAGING PROGRAM RISKS
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Managing Program Risks
Risk Management Overview Texas 4-H Risk Management and Child Protection Policies Strategies for Assessing Risk Best Practices in Youth Protection Welcome to the training on assessing and minimizing risks involved with programs and activities for youth. This session includes an overview of the risk management policies and procedures for Texas 4-H and will help you better understand how to reduce the level of risk for youth and volunteers. You’ll also be looking at scenarios and have the opportunity to discuss and determine how to best handle each situation. Please feel free to ask questions.
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Why Pay Attention to Risk Management?
It focuses on safety and prevention and becomes an important educational component of programs When risk management is addressed - participants can focus on learning in a safe, comfortable environment. It limits the liability exposure for volunteers. Paying attention to risk management promotes several positive things. When including consideration for the safety and the prevention of accidents while planning events and activities - participants can learn in a safe environment. As a result of these proactive measures, volunteers can focus on the program and limit their liability exposure resulting in a positive experience for everyone.
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What is Risk Management?
When a 4-H club, group or planning committee anticipates potential risks as the activity is planned and determines ways to manage these risks. Risk management is something that should be in the back of your mind any time you are working on an event – from planning, to implementation, to evaluation. It incudes looking at the potential risks for a given activity and then making a plan on how to minimize and manage those risks.
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Risk Management Terms Liability -- Legally bound or responsible. Something for which one is liable; an obligation, a responsibility, or a debt. Negligence -- Failure to use that degree of care which an ordinary person of reasonable prudence would use under the given or similar circumstances. There are two important definitions related to risk that are essential for you to clearly understand. Liability means being legally bound or responsible for something. When we coordinate an event, we assume some level of liability. As a volunteer, you should always strive to minimize your liability. Negligence is the failure to use that degree of care which an ordinary person would use under similar circumstances. If you make every effort to minimize risk, then you have done your due diligence.
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Texas 4-H Risk Management – Policy Guides
Texas 4-H Rules & Guidelines* Updated and published annually Texas 4-H Ethics Policy for livestock projects* Reviewed and updated annually Programs for Minors Required Documentation* Contact County Extension Office to see if activities meet the requirements and are included in the policies Extension Employee and Volunteer Liability Covered under Education Code Legislation Section *Publications and related information can be found on the Texas 4-H website: texas4-h.tamu.edu/ Texas 4-H is managing risk from a statewide level with broad policies and procedures that apply to all 4-H activities. Knowing the basic rules of 4-H can help you better manage risk and avoid liability for an unfortunate outcome. Texas 4-H faculty review and update Texas 4-H Rules and Guidelines annually. This is the primary reference used to make decisions on discipline issues involving youth or adults and many other aspects of programming. This document is important to have on hand and be familiar with. 4-H and FFA also have Ethics Policies for livestock projects. Counties utilize this form to make families and 4-H members aware of the ethics that must be maintained with their animals. These agreements are signed by the 4-H member, a parent or guardian, agent or ag science teacher and the validation chairman. These forms are required as a part of the validation process for all animals. Programs for Minors documentation is required for all program activities more than 2 consecutive days or overnight where 4-H has full supervisory responsibility of the minor. The documentation is filed electronically by the County Extension Office. Extension Employee and Volunteer Liability is covered under Education Code Legislation Section and discussed more in the next slide.
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Texas 4-H Risk Management - Enrollment Policies
Youth members and adult volunteers are considered to be official members and covered under the protections provided they have met the requirements and are ACTIVELY enrolled thru 4-H Connect (online enrollment system) Member Enrollment forms – include a code of conduct and consequences of misbehavior Enrollment of 4-H members and volunteers also addresses risk management strategies. The member enrollment form includes a code of conduct and consequences of misbehavior. Numerous guides on the 4-H website also include additional policies and project/activity specific guidelines.
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Texas 4-H Risk Management - Release Forms
A sample “Waiver, Indemnification and Medical Treatment Authorization Form” is available online (texas4-h.tamu.edu) for counties to use for county events which might include, but are not limited to: County Camp (not at 4-H Center) – required unless facility has a similar form County Exchange Trips – required if overnight, recommended for all Overnight tips - required Day trips & Extended days– recommended when travel is involved or activity might result in injury Programs involving more than 2 consecutive days - required The Texas 4-H Conference Center has required release forms for events held at their facility The “Waiver, Indemnification and Medical Authorization Form”, approved by legal counsel, is an important tool to use for county events such as county camp, exchange trips, or other overnight or day trips. It is required for activities meeting the “Programs for Minors” classification discussed in the previous slide (see county agent for details). These forms do several things: Provide medical insurance information in case there is a need to get medical care at a hospital or clinic Give permission to the event coordinator to get medical care for the participant when a parent is not there Verify that the participant assumes all risk for participation, even if there is negligence on the part of any agent, volunteer etc. The Texas 4-H Conference Center release forms gather additional information on health history as required by their accrediting organization. Remember: If medical history is collected, that information must be kept private and confidential. For extended trips or time commitments, it is also important to have this information for the adult volunteers.
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Texas 4-H Risk Management - Participant Insurance Policies
ACTIVELY Enrolled 4-H members in county programs are included in the Texas4-H, Inc. blanket policy The policy includes liability and accidental/medical insurance coverage through American Income Life. Only youth who are enrolled members and certified volunteers are covered by the blanket insurance policy through the Texas 4-H Inc.
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Texas 4-H Risk Management - Volunteer Liability Policy
Volunteers approved through the 4-H volunteer screening process and in good standing in 4-H are covered for civil liability under Section of the Education Code, are expected to: Act within the scope of duties as a volunteer Act in good faith and without negligence This liability policy does not apply to the operation of motor vehicles The volunteer’s personal homeowners insurance and automobile insurance is considered primary liability insurance. Texas AgriLife Extension Service volunteers do not have the same immunity from liability as governmental units and employees. However, volunteers may be immune from civil liability under Section of the Education Code for discretionary acts within their scope of duties as volunteers for the Texas AgriLife Extension Service. Adult volunteer leaders are expected to act in good faith and without negligence in the performance of their duties in order to minimize any chance of creating a Texas A&M University System liability. This means ……..if you are doing your job properly as a 4-H volunteer, you could not be sued in civil court. If you were found negligent, then you would be solely responsible for your defense if a law suit were filed. This law does not apply to the operation of motor vehicles. In the event of an accident with a vehicle or in the home of a volunteer, personal insurance is considered to be the primary policy covering the accident.
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Texas 4-H Risk Management – Volunteer Guides Youth Protection Standards Programs for Minors Policies
Volunteers must pass Youth Protection Standards screening (background checks) or provide proof of screening by an approved entity Volunteers must be re-screened every three years Required online (Child Protection and Creating a Safe Environment) training for volunteers must be completed before approval to serve in a volunteer role Child Protection and Creating a Safe Environment Training – thru 4-H CONNECT Child Protection Training - required every 2 years 4-H Youth Protection Standards and A&M AgriLIfe Extension Programs for Minors Policies provide guidance and expectations for youth programs. Volunteers must enroll annually, complete the screening process every three years and complete child protection training every two years. There is a $10 volunteer application fee. Even if f a volunteer can provide proof of screening by an entity on the approved list, he/she has to pay the 4-H volunteer application fee. Counties handle this fee in a number of ways. Our county’s policy is _______________________________________________________________________________________________________________. (provide the information that applies to your county) All adults who apply to be a 4-H volunteer are required to complete “Child Protection” and “Creating a Safe Environment” training before they are approved and assume a volunteer role. This training, available on 4-H CONNECT , includes information on child abuse and the legal duty to report child abuse when acting in a volunteer role as well as other important topics.
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Texas 4-H Risk Management Policies - Chaperoning
Chaperones for overnight trips must be 21 years of age Ratio of chaperones to youth of the same gender is 1:8 Adult chaperones should not be assigned to the same hotel or dorm room as the youth Exception: at the 4-H Conference Center, an adult is assigned to a dorm side with up to 12 youth. Whenever possible, a teen leader or second adult should also be assigned to this room The safety and care of youth is a top priority and chaperoning them is a serious responsibility. Texas 4-H rules and guidelines state a chaperone must be 21 years of age and they must also be a certified screened volunteer. The ratio of adults to youth of the same gender is 1 adult for every 8 youth in the same gender ratio as the participants. Adults should not be rooming with youth in a hotel or dorm room. Youth should be housed together and adults housed separately. At the 4-H Conference Center, each dorm bedroom sleeps up to 13 and it is policy that at least one adult is housed in each room with youth. An even better strategy is assigning an adult and a teen leader or second adult in each sleeping room. This policy is in alignment with ACA (American Camp Association) accreditation standards. The question may come up as to whether a parent and child can stay in the same room. For some events, counties may choose to allow parents and their own children to stay together, but they should not lodge adults with children for whom they are not the legal guardian.
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Texas 4-H Risk Management Policies: Transportation
All volunteers who transport youth must be a certified 4-H volunteer, have a valid drivers license and carry vehicle insurance Volunteers must be 18 years of age to serve as a driver Adults should avoid traveling alone with a child Seatbelts should be used for every passenger 12 and 15 passenger vehicles should not be used Transportation is an important consideration in risk management. All volunteers who drive youth (not their own children) to 4-H activities must be approved and certified as a 4-H volunteer, have a valid drivers license and vehicle insurance. They must also be at least 18 years of age. A TEEN LEADER who is 16 does not qualify to transport other kids!!! Adults should avoid traveling alone with a child. This is a serious matter of protection for the volunteer and youth with regards to the potential for allegations of child abuse. There should be a seatbelt for every person in the vehicle – AND the seatbelts should be used!!! Large passenger vehicles have been identified as high risk for rollover accidents and we recommend that these vehicles not be used.
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Texas 4-H Risk Management Policies - Facilities Insurance
4-H events under the direction of an Extension employee may utilize a form letter provided by State 4-H Office for facilities that request proof of liability insurance. Some facilities will not recognize the form letter and counties may still have to purchase a liability policy for the event. Some facilities require a group or organization to provide proof of liability coverage. If the County Extension Agent is involved in the planning and coordination of such an event where this is required, he/she can request from the State 4-H Office a letter that provides information on how Extension and 4-H Activities are covered through the Texas A&M University System through the Texas Tort Claims Act. If the facility will not accept this as sufficient liability coverage, then the county or group organizing the event may be required to take out a liability policy for the event which can be costly.
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Texas 4-H Risk Management - Strategies for Assessing Program Risks
Identify the activity Identify the potential risks Identify the seriousness of the risks (continuum from minor to life altering or death) Identify the probability of the risk occurring (continuum from not likely to highly likely) Identify strategies to manage the risk (reduce, transfer, avoid, assume) *see TX 4-H website for sample risk assessment matrix: By the very nature of conducting youth programs, there is risk. The role of adults is to assess the risk and take appropriate steps to identify and manage it. Activities posing limited risks, minimal seriousness of potential injury and a low probability of occurrence with intentional strategies to manage them should be acceptable to offer. Activities with high risk, potential serious consequences and a high probability of occurrence should not be conducted.
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Texas 4-H Risk Management Strategies - Managing Program Risks
Accept and Transfer – undertake the risk and responsibility and transfer the liability to another party through an insurance policy Manage and reduce – lessen the extent of harm though appropriate practices and mechanisms Discontinue– remove hazard or change activity due to high risk of serious injury and high probability of occurrence By the very nature of conducting youth programs, there is risk. The role of adults is to assess the risk and take appropriate steps to identify and manage or eliminate it. There are three strategies to consider in efforts to reduce risk in program and event management. One can accept and address a risk deemed to be of a minimal threat to serious injury by transferring the liability though insurance coverage. Secondly, one can manage and reduce the risk by lessening the extent and likelihood of injury through appropriate practices and other mechanisms such as required enrollments and waiver, indemnification and medical authorization forms, trained volunteers, equipment inspections and facilities/grounds checks etc. Lastly, one should discontinue any activity with a high potential for serious injury and a high likelihood that the injury will occur. The following slides look more specifically at each of these levels.
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Risk Management Strategies – Accept/Transfer
To take upon oneself; undertake. Examples: Check with the county office to determine if your activity meets the documentation requirements for “Programs with Minors” Make sure volunteers and members are officially enrolled in the program Use the Indemnity, Waiver and Medical Release Form provided by the State 4-H Office and approved by legal counsel for county activities and trips Have all participants complete the release form before participating in Ropes Course at the 4-H Conference Center or other facilities offering similar activities When we accept the risk, make sure we have done all we can to make an activity safe and transfer the liability to another party (insurance company). Ways that we do this include: Making sure members and leaders are enrolled and that appropriate waiver, indemnification and medical release forms are used. (The 4-H Conference Center has specific release forms they use for camp and for the ropes course) If you are hosting an activity that lasts more than two consecutive days or an overnight trip, you must follow the “Programs for Minors” required documentation process which requires use of the waiver, indemnification form and medical release form and other policies (see the county agent for details) Another good practice is to use public facilities instead of a home for club or project meetings. This minimizes the risk for that homeowner. Even though a homeowner policy may cover an event, to a certain extent, it is better not to put folks in a situation to assume this risk. Another way to reduce risk is to transfer the risk to another party. The most common way to do this is through insurance. Examples include chartering a bus for transportation to camp that provides insurance as a part of the policy. If you are hosting horse club play days, would you need a waiver and medical release form? NO, if limited medical insurance is purchased for horse club members, then you might not need to do a medical form. Even with this insurance, it might be a good idea to have a form signed at the beginning of the horse club activities that would cover them for the season. YES, If the event is open to the public, then YES! All participants should sign a waiver and medical release form to participate. IMPORTANT NOTE - Texas 4-H Inc. 4-H, Inc. does not cover non-4-H members or volunteers who may be at an event or activity.
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Strategies for Reducing Risk – Manage/Reduce
To lessen in extent, amount, number, degree, or price. To gain control of. Examples: Use a meeting room on the first floor of a public building Use gates with latches at the stock show to keep animals from getting out of pens Post food safety instructions in kitchen facilities To manage and reduce risk - look to lessen in extent, amount, number, degree or price. It also means to gain control of something. Ways to reduce risk in 4-H events and activities include these examples: Instead of meeting on the 3rd floor, find a room on a first floor where persons with disabilities can easily access the meeting. If elevators are available, there may be no need to move a meeting to provide an accommodation. Use gates with latches at the stock show or other event where animals are present to keep them from getting out of the pens AND to keep people out of the pens! Post food safety instructions in the kitchen facilities at the show barn or other place used for 4-H activities. What other examples can you think of to reduce risk?
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Risk Management Strategies – Discontinue
Taking steps to remove a hazard, engage in an alternative activity, or otherwise end a specific exposure. Examples: Change the camp schedule and move the midnight hike to the day time Change facilities if the conditions and maintenance are not adequate Cancel the canoe trip the weekend after the flood The third strategy for reducing risk is to avoid the risk completely. This means you should remove the hazard, change the activity, etc. Examples might include: Changing a night time activity like hiking to the day time to reduce the potential for accidents. Canceling the canoe trip if there has been a flood and the river is still too high to float safely. Specifying that certain tasks must be completed by an adult etc. What are other examples you can think of to avoid risk?
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Best Practices - Working With Youth
Keep the County Extension Office informed of your activity plans Be proactive in assessing and managing risks Work in open places. Always encourage parents to attend. Always have two adults present. Your best course is to be proactive in risk management decisions regarding day to day work with youth. Make sure the county extension office is aware of the scope of the activities you have planned and consult with them on any areas you have concerns about. Always work with youth in public or open places, especially if there is only one adult present. Have more than one adult present at all times so that there are witnesses. When two or more adults are present, one can deal with any emergency that might arise while the other tends to the youth. Encourage parents to stay with their child. Get them involved by enrolling them as a volunteer and find a job they would enjoy doing!
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Best Practices - Working With Youth
Post and communicate safety rules. Provide written guidelines and rules for selection processes. Be alert to emotional needs. Supervise youth at all times Stop bullying and inappropriate behavior immediately Develop, post and communicate any safety rules or rules of participation specific for an activity. An example might be rules for handling livestock or kitchen and food safety when at foods & nutrition project meetings. Written rules and/or guidelines provide a record of important information being shared. Some examples include: Judging and other competitive teams - rules identify how teams will be selected for competition at county, district, state levels and are shared at the beginning of the program. County Leaders Association Scholarship – rules are shared and outline the selection process. Club or County Awards Program - rules are shared with details regarding the selection process for awards. Or, if it is a point system, rules state how each activity is valued and a list of activities earning points (camps, leadership, project meetings, contests, etc). Be observant to the emotional needs of youth and respect their privacy. In a supporting adult role, kids may feel comfortable opening up and sharing things with you that they may not want to share with parents or friends. It is important to treat these situations seriously and keep them confidential unless you feel that the child is putting her/himself or others in danger. At that point the information may need to be shared with a parent and county agent. If you suspect abuse, it must be reported to law enforcement. There should always be constant and consistent adult supervision at any 4-H event!
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Best Practices - Working With Youth
Never use physical punishment or deny basic needs. Respect the privacy of youth. When physical contact is needed to demonstrate a skill or technique, first ask for permission from the child. Never work or travel alone with a child. Volunteers should never use physical punishment with a child (or another adult) or deny their basic needs. These things are definitely cause for negligence or being liable! The consequence should always be related to and appropriate for the offense. Physical contact with children is a sensitive topic. Some kids don’t respond well to pats on the back or hugs and these actions could be mistaken for abuse. Always ask the child for permission before creating any physical contact with them. Never put yourself in a position where you travel or work alone with a child. These next slides are describe scenarios that have really happened in the Texas 4-H program! Look at each one and determine how you would handle them. Answers are provided on each slide!
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Determining if Negligence is Present
You transport 10 kids to judging contest and you only have seats for 8 kids plus the driver and you had a wreck. Would this be an example of negligence? YES! You should always follow the law. When transporting youth, carry only as many as you can accommodate with seats and seatbelts. Check and insist that youth and adults are using seatbelts.
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Determining if Negligence is Present
You schedule the county food show and one of the 4-H members cuts her finger with a knife when preparing her dish for judging. What proactive measures could you have taken to avoid being perceived as negligent? Make sure every participant is covered with the limited accident insurance (enrolled as a 4-H member) Assign volunteers to be present and supervise youth when prepping their dishes for judging Provide pre-activity direction on how to safely use knives in food preparation Provide plastic silverware for participants to use instead of sharp knives.
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What Would You Do? QUESTION: The 4-H Council is sponsoring a dance. Some parents bring a cooler of alcoholic beverages to the event and you are working the gate. The advertisement poster said “No Alcohol Allowed.” What do you do? ANSWER: Do not allow them to bring cooler in; if needed, call for back up support from the county agent or law enforcement.
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What Would You Do? QUESTION: The county is recruiting volunteers to serve as a chaperone for 4-H County Camp, a 2 night/3 day event. A former 4-H’er would like to go as a chaperone and is 20 years old. Can they serve in this role? ANSWER: NO! Chaperones for overnight events must be 21 years of age at time of event. They must also be a certified volunteer.
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What Would You Do? QUESTION: A new 4-H member moves in to the county one week before the livestock judging contest and this 4-H’er judged livestock in the county they moved from. Do you replace a current member on the team with this new 4-H member? ANSWER: Always follow the agreed upon or printed rules for selection of judging teams. The 4-H’er may be allowed to judge as an individual, but the recommendation would be not to change the team at this short notice.
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What Would You Do? QUESTION: Three County Food Show Judges do not show up. Can two mothers judge in their place? ANSWER: Yes, they can IF they do not judge a category with their own child involved. Best strategy is to try and find judges who do not have children involved and have back-ups lined up before the event.
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What Would You Do? QUESTION: A 4-H club member brings their club food show paperwork to you to turn in two days after the deadline. This is the County Attorney’s daughter. Do you take it and allow them to participate? ANSWER : Follow printed rules for registration for the event. If the rules say “no late entries”, then she should not be allowed to enter.
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What Would You Do? QUESTION: Mrs. Jones has been a 4-H leader for 20 years in Oklahoma and recently moved to Texas. She wants to volunteer to coach “Share The Fun” like she did in Oklahoma. When asked to fill out a volunteer enrollment form and complete the screening process, she was upset and wanted to be “grandfathered” in because of her 20 years of experience. Do you allow this? ANSWER : NO! ALL volunteers must be screened every three years.
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What Would You Do? QUESTION: It is 5:00 a.m. and the group is gathering to leave for District Roundup. A volunteer who has agreed to drive is sick and calls to say she can’t go. A mother who is there to drop off her child says she can drive. Do you let her? ANSWER : ONLY if she is an approved volunteer. If not, she can drive her OWN children, but not others.
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What Would You Do? QUESTION: At a 4-H club meeting, a club manager witnesses a parent slapping their child repeatedly before they get out of the car to come in to the meeting. Does the agent report this as child abuse? ANSWER: An agent can only report what they perceive as child abuse if they see it. If the club manager felt strongly that this was a potential case of child abuse, they should report it.
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What Would You Do? QUESTION: The 4-H Dog Project group is meeting at the bank parking lot. One of the dogs bites another 4-H member. The county did not purchase insurance for all members at the beginning of the year. What should have been done? ANSWER: County needs to make sure all members are officially enrolled thought 4-H Connect (this covers them under the TX 4-H Foundation blanket policy). Use the Indemnification, Waiver and Medical Release Authorization Form for high risk projects. Do not allow the dog back in the project.
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Event and Activity Risk Management Considerations
Youth Program Best Practices Physical and Emotional Safety Food and Facilities Housing Transportation Health and First Aid Swimming and Water Sports Tools, Equipment, Firearms, and Chemicals This broad list represents areas to consider in managing program risks but is certainly not exclusive of other considerations based on the nature of the activity. This accompanying handouts are handy references for volunteers as they plan, implement and evaluate programs and activities. Use it as a guide to help you accept, manage and transfer or eliminate risk. Provide each participant a copy of the handout: Consideration for Event Risk Management. THIS WILL BE COMPLETED ONCE THE CONTENT OF THE SLIDE PRESENTATION IS APPROVED IF IT IS STILL NEEDED. PERHAPS A BETTER STRATEGY IS TO POST IT ON THE WEB SITE.
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Managing Program Risks
Risk Management Overview Texas 4-H Risk Management and Child Protection Policies Strategies for Assessing Risk Best Practices in Youth Protection This presentation has covered the topics listed above. While these are serious concerns, they should not stop you from serving in your valuable role as a volunteer. They are meant to assist you in being proactive, lessening risks for youth and adults and providing guidelines in planning club and program activities. The County Extension Office can be a great resource to you – contact them regularly to check-in and discuss any issues or concerns you might have. Please feel free to ask questions.
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