The nonprofit sector provides invaluable support and services for youth and also takes on considerable legal responsibility and risk by doing so. To help nonprofits navigate those responsibilities and risks, this article discusses a few best practices and considerations for nonprofits working with youth, related to employee screening, mandatory reporting, staff training, and insurance.
Implementing a thorough hiring and screening process is vital for ensuring that those working with minors are qualified and safe. Additionally, section 18975 of the California Business and Professions Code, also known as Assembly Bill 506 or AB 506, requires that any administrator, employee, or regular volunteer of a youth service organization undergo a background check pursuant to section 11105.3 of the Penal Code to identify and exclude any persons with a history of child abuse. A “youth services organization” is a youth center, youth recreation program, or youth organization. If the background check discloses a criminal conviction, nonprofit organizations should work with counsel to ensure that their next steps comply with AB 506 as well as California’s Fair Chance Act and other laws limiting how employers may consider criminal convictions in hiring.
Additionally, screening methods may include using a detailed application to gather information about a candidate’s experience and qualifications. An application should include specific questions about a candidate’s previous work with youth to gain further insight into their suitability for the role and their understanding of best practices in youth interactions. Conduct thorough interviews focusing on the candidate’s experience working with youth, understanding of boundaries, and scenarios that assess their judgment and suitability. Additionally, always verify references, focusing specifically on the candidate’s interactions with youth. However, remain mindful of the California Fair Chance Act, which prohibits employers from asking about an applicant’s criminal history until after a conditional offer of employment.
In California, nonprofit organizations that work with youth are required to adhere to the Child Abuse and Neglect Reporting Act, outlined in sections 11164-11174.3 of the California Penal Code. Generally, mandated reporters are required to report reasonable suspicions of child abuse or neglect. There are a number of professions listed in the Penal Code that are mandated reporters, such as teachers, social workers, alcohol or drug counselors, and employees of any organization whose duties require direct contact and supervision of children. Mandated reporters must report to a county child welfare department or to local law enforcement (police or sheriff’s department) immediately by phone, followed by a written report within 36 hours. Written reports must be submitted on the California Suspected Child Abuse Report Form 8572. Failing to report an incident of known or reasonably suspected child abuse or neglect is a misdemeanor.
To help mandated reporters comply with their obligations under the law, nonprofits that employ mandated reporters are required to have those employees sign a statement informing the employees about their obligations and rights as a mandated reporters and confirming that they will comply with their obligations. An employer must also provide copies of sections 11165.7, 11166, and 11167 of the Penal Code to the employees. Under AB 506, youth service organizations are required to train employees on abuse and neglect identification and reporting and, as a general matter, such training is recommended for any nonprofit organizations working with youth.
Establishing clear professional boundaries between staff and youth is crucial for creating a safe environment for everyone involved. This practice helps protect minors and protect staff and volunteers from misunderstandings or false allegations. Nonprofits can do this by adopting a professional boundaries policy and setting procedures that set rules and provide guidance on appropriate and inappropriate interactions, including physical contact, communication, and social media use. Examples of issues covered in those types of policies and procedures, include avoiding one-on-one interactions in secluded areas, keeping doors open when meeting with youth, using professional language and tone, and avoiding personal social media connections with youth participants. Training will review those rules, as well as provide guidance to staff on how to handle disclosures of abuse or other sensitive information from youth appropriately and in compliance with their obligations as mandated reporters. This includes listening without judgment or interruption, not making promises about confidentiality if abuse is disclosed, and reporting the disclosure.
Finally, insurance is a vital aspect of risk management for nonprofits working with youth. It can protect the organization, staff, and volunteers in case of accidents or allegations of misconduct. All nonprofits should speak with a reputable insurance broker experienced in working with nonprofits and able to advise nonprofits on various coverage products, including products unique to organizations working with youth, such as policies providing coverage for abuse or molestation allegations. This type of insurance may provide crucial assistance with these kinds of very tough situations.
In sum, California nonprofits serving youth must prioritize safety and compliance with the law through robust policies, staff training, rigorous hiring, and adequate insurance. These steps not only protect youth but also bolster nonprofit credibility, ensuring lasting impact.