Our Church is a Safe Place

This document has been written to inform our Victorian Baptist Churches of the rules, regulations and guidelines of their Duty of Care. It is written with many aspects of church ministries in mind, particularly in the area of working with children, young people and other groups of vulnerable people within our society.

It began as a document that was made available to all church leaders (phase 1), and was later turned into a series of day workshops that many of our church leaders attended (phase 2). This workshop was intended to further inform and compel our leaders to look at our ‘Duty of Care’ to all groups to whom we minister in our churches, as well as addressing other, often overlooked, aspects of the duty of care issue.

It has now been redrafted, to include changes in both public policy and the BUV; it is now being redistributed to all churches to be read by all leaders. A third phase will be made available to churches in the form of a ‘Our Church is a Safe Place – Workbook’ (phase 3). This workbook will be a tool to enable churches to formulate a plan of action to implement their Duty of Care policies and a place for churches to record their progress.

These forms and checklists as well as this manual are available on the BUV website www.buv.com.au and will be available on CD with the Our Church is a Safe Place – Workbook.

The Baptist Union of Victoria expects the document to be read in detail by all church leaders (including volunteer leaders) and that recommendations contained in it will be followed.

The document is primarily to ensure that our ministries are provided in a safe, loving and ethical environment but it will, when followed, provide support for churches in the event of allegations against leaders within their church.

We urge all church leaders to engage in this very important issue of Duty of Care so that we can be sure that Our Church is A Safe Place. We are also encouraging all Pastoral leaders to familiarize themselves with the Code of Ethics material that is to be formally adopted late in 2005. The work that has gone into the Code of Ethics for Pastoral Leaders complements this Duty of Care Manual and should be affirmed.

Biblical Concern for People

The Christian Faith strongly upholds the virtues of love, mercy and justice. From Luke’s Gospel we know that Jesus came to give freedom to the captives, sight to the blind and liberty to those who were oppressed. Jesus came for people. He came to give all of humankind the gift of Salvation but was interested in the practicalities of people’s lives as well.

In our churches, indeed in all of society, many people aim to follow the example of Jesus; to free, heal and liberate those who are captives, sick or oppressed. The example of Jesus is one on which all leaders within our churches and their associated groups should model their leadership and their lives.

As a community of God’s people, we should also be committed to ensuring that all of our churches are places that are safe in every respect for those who join with us.

Duty of Care

Where it exists the Duty of Care is the moral, spiritual and often legal responsibility that we have, both as individuals and corporately, towards all those that we come in contact with in the various ministries of our churches and their related organizations.

Our Duty of Care is – to act in a manner that will protect people with whom we come in contact from injury or distress. This injury or distress may be due to:

Different ministry groups bring about different duty of care responsibilities and requirements.

Given what a person in my position should know or could reasonably foresee, what steps can I put in place to ensure that those under my care are being afforded an environment which is as safe and respectful as I can reasonably provide?

The following key points need to be addressed:

· Taking on a role of leadership means you automatically take on a responsibility

· What are the things that are likely to cause harm or distress in your given ministry area?

· What precautions do other people in my position generally take in like circumstances? If you don’t know, ask people who do!

· Who will be accountable for the steps required to make your church a safe place?

· There are guidelines to what is required but the word reasonably is used twice.

Child abuse is an act by parents or caregivers that endangers a child or young person's physical or emotional health or development. Child abuse is not usually a single incident, but takes place over time. In Victoria, a child is a person under eighteen years of age. Commonly recognized forms of child abuse include the following:

The following is a table of examples and indicators of this behavior. These lists are not intended to be exhaustive but rather to give some examples and indicators:

* Please note that the presence or absence of any particular indicator does not necessarily mean that the child is or is not being abused.

· Reassure the child they are right to tell and that you take what they say very seriously

· Let the child know what you are going to do next, who you are going to tell and why, and roughly what will happen

· Let the child know if you intend to make a report to the appropriate authorities

· Finish on a positive note and tell the child that you are pleased that they told you

· As soon as possible afterwards, make handwritten notes of exactly what the child said and the date and time of the meeting

If the allegation of abuse involves a pastor or pastoral leader in the church the Director of Ministries or Administration Manager of the Baptist Union must be notified. In this case and particularly if the complaint is received in writing, the complaint then falls within the scope of the procedure for when complaints are made against a pastoral leader of the Baptist Union of Victoria. That procedure should be followed in these instances. Details and copies of this policy are available from The Baptist Union of Victoria office.

Responding to suspicion of abuse

Where a complaint of abuse comes to the notice of church leaders in the form of hearsay or rumor, it should be investigated promptly and discretely by the senior pastor and deacons / elders. The Baptist Union of Victoria can assist with the conduct of these initial investigations if required.

If the suspicion involves a pastor, the Director of Ministries or Administration Manager of The Baptist Union of Victoria must be notified. If it involves a member of either the diaconate or eldership, it is strongly recommended that the Director of Ministries or Administration Manager of the Union is notified.

Responding to an Allegation of Abuse

In the case that abuse is disclosed or discovered it is most important that the following occurs:

· Consult with the person to whom you are accountable, the person responsible for Children’s ministries or someone else you can trust

Connection of this Duty of Care policy with BUV Sexual Misconduct document

Where a complaint of abuse is made about any of the following the matter should be reported immediately to the Director of Ministries who will notify the chair of the sexual misconduct panel who will initiate procedures contained in that document.

· Ordained and Accredited Pastoral Leaders

· All people appointed to the Baptist Union of Victoria ‘Special Positions list’

· Any person in a position appointed by the Baptist Union Assembly but not mentioned above

Mandatory reporting

Please note that as of July 2002, Pastors or Ministers of Religion are not subject to the requirements of the Mandatory Reporting Legislation.

' . . . If a stranger molests a child there is little doubt that every effort will be made on the part of the authorities to seek out the culprit and to prosecute under appropriate provisions. Where the person molesting the child happens to be a parent or close relative however, the attitude of those with responsibility for putting the law into effect expresses itself differently' [Scott, cited in CASA House 1992b:p.7] [1]

The difficulties, which the state faces in intervening directly in the private sphere of the family, were illustrated by the initial reluctance of the Victorian Kennett government to legislate for the mandatory reporting of child abuse. However, community outrage over the crime was so great that the government was forced to change its mind. Selected professionals are now required to report suspected cases of child abuse (both physical and sexual) to The Department of Human Services. Those occupations that are covered by the Children and Young Persons Act, 1989, (Vic) (CYPA) include:

· Operators, owners and professional employees of children's services (including kindergartens)

· Persons working as Youth and Child Care Officers for the Department of Human Services

Of these occupations covered in the legislation, only the following have been gazetted, meaning only these are currently required to report under this legislation:

These groups of people will be obliged to notify The Department of Human Services if they have reasonable grounds for believing abuse exists. Government legislation protects the notifier by ensuring that her/his identity is not revealed without written permission, and that, if the notification is made in good faith, s/he is not subject to any liability for defamation or breach of confidence.

Section 64 of CYPA makes provision for any person who believes on reasonable grounds that a child is in need of protection to notify the Child Protection Services of that belief and of the reasonable grounds for it. This means that any person can voluntarily notify Child Protection Services if they believe that a child is in need of protection. There is no legal obligation to do so and any notification is essentially made on moral grounds.

There is clear evidence from adults who were themselves victims of child sexual assault, that children are not able to stop the abuse themselves. They need adults to take responsibility for doing so.

'It's so difficult for children to speak up. They feel so trapped. It should be adults who should be more sensitive to picking up signs from children rather than putting the responsibility on children to tell.´

'The closest kind of help other than at home is school. We know that people are often not going to get help at home where it's all happening. If school isn't helpful there's no one else.'

'Teachers and doctors don't need to know how to deal with it but to pass it on to someone else. They do need to believe you and to have the right degree of compassion, not to dismiss it and say "it's not my problem." ' [2]

Whilst a church community may have some members who, because of their occupation, are ‘mandated to report child abuse’, members and leaders of church communities have a moral responsibility (even in the absence of a legal duty) to notify the appropriate agency if they suspect a child is being abused.

· The notifier decides to inform the child or the family of the child of the notification him or herself;

· The court decides that it needs this information to ensure the safety and well being of the child;

· The court decides that in the interests of justice it requires evidence to be given. [4]

The Department of Human Services is available for you to discuss your concerns with a person trained in working with abused children. This advice may be sought to clarify a decision to report, or allay fears of child abuse.

In order to provide the best possible environment for under 18’s in the Church’s care, the following are suggested as a policy framework for your church. The concept of under 18’s being an important part of the Christian community began with Jesus himself. When he said to his disciples, “Let the Children come to me” and “Whoever welcomes one such child in my name welcomes me” (Matt 18:5), he related to us all the place of children at the very center of the church community. For this document, children are understood to be those under the age of eighteen years.

· Children are equal Partners with Adults in the life of the church, for they represent the ongoing nature of the church

· The discovery and development of gifts in children is a key function of the church

The bible teaches us that each church community must take responsibility, along with the family, in nurturing children in life and faith. God’s ongoing care and concern is demonstrated in the Bible and we are called to follow its leading and teaching.

· The ministry of teaching children is a command given to the Israelites in Deuteronomy 11:18-19

The Baptist Union of Victoria is committed to the protection, guidance, empowerment of and advocacy for children within our church communities. We strongly believe they should not be those without a voice.

We are called to nurture children in their personal faith as part of God’s command to each of us. We are called to ensure everyone is safe, in particular those under the age of 18.

The physical environment should always be such that the safety of children is paramount, e.g.: any electrical equipment used is in safe working order, floors are kept free of slippery surfaces, and food is handled with the utmost care to avoid contamination.

Any faulty equipment/plant which constitutes a hazard to the safety of the child should be immediately removed, where possible, and its condition should be reported to your Occupational Health and Safety Representative/Church Office, in writing, without delay.

Playground equipment should be checked to ensure that the equipment itself is sound and in safe working order, but also that the surface underneath complies with the relevant Australian Standard. In short, the surface underneath play equipment must be impact absorbing. Impact absorbing surfaces do not include grass or paved areas, often surfaces that are present underneath play equipment. The depth of impact absorbing surfaces is dependant on the height of the play equipment that is above them.

A Duty of care may also arise out of issues relating to the Wrongs Act, 1958, (Vic).

· The provisions of this Part apply in place of the rules of the common law which, before the commencement of the Occupiers' Liability Act 1983, determined the standard of care that an occupier was required to show towards persons entering on his premises in respect of dangers to them.

· Except as is provided by sub-section (1), the rules of common law are not affected by this Part with respect to the liability of occupiers to persons entering on their premises.

· An occupier of premises owes a duty to take such care as in all the circumstances of the case is reasonable to see, that any person on the premises will not be injured or damaged by reason of the state of the premises, or of things done or omitted to be done in relation to the state of the premises.

· Without restricting the generality of sub-section (3), in determining whether the duty of care under sub-section (3) has been discharged, consideration shall be given to—

o the knowledge which the occupier has or ought to have of the likelihood of persons or property being on the premises;

o the burden on the occupier of eliminating the danger or protecting the person entering the premises from the danger as compared to the risk of the danger to the person.

· Nothing in this section affects any obligation to which an occupier of premises is subject by reason of any other Act or any statutory rule or any contract.

It is inappropriate to initiate physical contact with children, as some children may not be comfortable with the contact. Another reason is that the contact can be misunderstood, either by the child or by others around. It is important to not give constant contact to one child over others. There are however, some times where physical contact may be necessary, in the case of an emergency for example. The only time that physical restraint is appropriate is when protecting them from harm

Medical conditions and their management

Parents/Guardians[6] of children up to 18 years of age should be requested to inform the relevant leaders of any health problems which might arise. For example, a child suffering from asthma may require Ventolin. A child suffering from diabetes may be subject to a dietary regime. It is the parent’s responsibility to ensure that any medication or health maintenance regime is provided and clearly understood. The Children’s Indemnity & Permission Form should be supplied to all parents at the beginning of each new year/season, giving them the opportunity to detail such special requirements.

Churches will need to determine how best to maintain both accessibility to this information if and when it is needed, and confidentiality. It is certainly not anticipated that all information should be remembered or physically transported to every youth activity. (One suggestion is that the forms be kept with a leader’s spouse or another trusted and appropriate person, who could be contacted for the information if/when it was required). All such personal information should be carefully destroyed at the end of the year (the general information) or at the conclusion of any special event.

With respect to the Consent and Medical Information forms, it may sometimes be necessary to access the information for both the General Activities and the Special Events in some emergency situations (e.g.: next of kin details)

The administration of medication during a programmed activity where parents are not present must be the responsibility of the qualified first-aide leader. Administration of non prescribed medication like panadol or aspirin etc can be harmful and should not be administered.

When a child under the age of 18 is traveling in a vehicle driven by a worker, parents are entitled to expect that the vehicle will be driven carefully, observing the legal speed limits and road laws, at all times. At no time should there be more passengers in a car than the number of seat belts that are in working order and available for use. Parents are also entitled to expect that all cars will be registered and driven by licensed drivers.

Negligent driving can have painful emotional and legal consequences. Anyone who cannot/does not drive responsibly must not transport other people’s children.

In addition, drivers must give an undertaking to take children directly to and from arranged venues and not spontaneously detour or make additional arrangements without parental consent.

If a child is traveling in a vehicle driven by a worker who possesses a Probationary license, prior written consent should, wherever possible, be given by a parent/guardian except in the case of emergencies.

Alcohol must not be consumed during any activities. The use of illegal drugs will not be permitted or condoned. In addition, no worker is to provide transport if there is any possibility that he/she may be driving while under the influence of alcohol/drugs or prescribed medications which may cause drowsiness or otherwise affect their driving ability or judgment.

If a young child misbehaves, firm but gentle verbal correction, which is respectful and age-appropriate, should be the first response. For a younger child a short period of ‘time out’ may also be appropriate. This needs to be in a place where the child can be seen. A useful guide for determining the amount of time out is one minute for each year of the child’s age. However, it is not appropriate to use a time out strategy for children under three years of age.

When a child is unresponsive or responds unsatisfactorily to reasonable requests to comply with a standard of behavior, which is respectful to him/herself, or other children and/or those supervising, the matter should be reported to the parent.

In extreme cases, children may be precluded from activities for a period of time, until an undertaking is given, appropriate to age, to behave within acceptable limits. If this decision is made, the parent is to be informed and, in the case of young children, included in the negotiations regarding restoration to that activity.

At no time is physical punishment or threat of physical punishment permissible, even with parental approval.

The Baptist Union of Victoria has made a commitment to adhere to the Privacy Act (2000) and to the National Privacy Principals that are contained in the Act. This information can be found in the BUV’s document about privacy ‘A Practical Explanation of the Privacy Amendment Act 2000’.

· Use of Photographs and video footage, consent parents/ guardians of children as well as the intended distribution and use of the material

· Collection, storage and disposal of sensitive material, including police check records.

When a small child needs assistance in toileting, the following guidelines should be observed:

· Where practicable, the parent should be responsible for attending to the child

· If this is not practicable, the child should be encouraged to manage him/herself to the fullest possible extent, according to ability

· When crèche helpers or other workers must assist a child, another adult helper should be informed upon leaving the activity and upon returning wherever this is possible. Where possible, it may be useful to accompany more than one child to the toilet at any given time

The issue of crèche workers with respect to Duty of Care is a vexed one, since so much depends upon volunteers, often on a very casual and perhaps even spontaneous basis. While a basic Duty of Care exists whenever any volunteer undertakes to supervise children in a crèche (i.e. with respect to reasonable foreseeability and proximity), it is highly recommended that there be at least one crèche worker somewhere on site who is aware of the rudimentary Duty of Care, Occupational Health and Safety and Child Protection requirements, and who could be available as a reference person/supervisor whenever a crèche is functioning. In any case, all persons acting as crèche helpers should be provided with appropriate training, including an opportunity to read this document.

Where young children accompany their parents to home groups and other similar functions in private homes, arrangements which are made for the children’s care and well-being, and the nature of the activities in which they engage, should be formally agreed upon and accepted by all the parents concerned. Any person who specifically takes on the responsibility of the care of the children should be expected to provide a level of care which fulfils any Duty of Care standards.

Playgroups

There are a multitude of issues that could be raised in this document regarding playgroups. They are probably the fastest growing ministry across many of our churches. They are a group that arguably has the most contact of any with people in the community who would otherwise have nothing to do with the church. They are a group that can influence significantly the development of children.

For these reasons alone, although there are many others, vigilance in seeing that our churches acknowledge and meet their duty of care to playgroup children and parents is incredibly important.

There are many resources that are available to assist you in developing, growing and managing playgroups in your church. These include the BECT Playgroup guide and the Playgroup resource manual as well as the Playgroup manual available from Playgrouping Victoria.

As a general and very rudimentary guide, the following should be adhered to when setting up a playgroup:

· For purposes of effective supervision, numbers of participants per playgroup should be defined and contained to a standard level. The maximum size for a playgroup recommended by the Baptist Union’s Early Childhood Team is 12 – 14 parents

· Make sure that the venue chosen for your playgroup is appropriate for the number of children and adults that you anticipate will be attending the group

· Ensure that there are clear steps of accountability for all leaders and helpers working with children

· It is important that the Playgroup leadership is chosen by, accountable to and supported by the Church leadership

· The Baptist Union strongly recommends attendance by playgroup coordinators, leaders and helpers at workshops and seminars run by the Baptist Early Childhood Team (BECT) or the Christian Playgroups Network (CPN)

· Make sure that on a regular basis health and safety issues are reviewed and addressed. This includes checking for hazards, faulty electrical equipment, loose rocks, nails etc.

· It is important for organizers and leaders of playgroups to be upfront about the fact that they are Christian playgroups. This does include the need to state verbally and in any written information given out to parents details of the Christian content of the program; i.e. whether your group sing grace, celebrate Christmas and Easter, and sing Christian songs or have Bible Stories as part of any structured program

Children

Caring for children means knowing about children in general and knowing about each child. It is important to know and understand the children within our church community to ensure that we are responding to their need to develop and their needs as children.

Generalizing about the care and development of children is difficult. Children’s needs differ because of their age, their abilities and the other circumstances of their lives. It is necessary to recognize and to seek to understand the individual needs of children under our care.

There is no one ‘right’ way to do children’s ministry. The needs, as discussed above, will differ from child to child, but they will also differ between Church communities. The best children’s ministries are the ones that regularly review, develop and adapt their programs and activities to reflect the needs of the children currently involved in them.

All children need to know that they are loved and valued and that they belong to a set of relationships that add meaning to their lives. Included in this is knowing that they are cared for, are protected and ultimately are safe.

The local church community cannot provide this kind of knowledge and support for children for all parts of their lives, but can play an important part in ensuring that the church is seen as a place of safety. Providing a healthy nurturing church community will add to the environment of care and belonging that is helpful for children in their development.

A commonsense approach to children’s ministries is that the congregation involved will care, not only for the child, but also for those who are significant in the lives of the child. The nurture of children in their faith should also include the care and nurture of family and other people significant in their lives.

Developing these relationships will encourage cooperation, trust, compassion, responsibility and an understanding of the role of the church in the wider community.

A safe and respectful environment

Leaders of children’s ministries need to understand that they can have a significant influence on a child by what they say and do, and by how they act or react to a child. Because of this potential to influence, the following are important, as they will help the leader to be a positive influence on the children they are leading. It is important for leaders of children to:

· Respect their personhood, by giving them time and attention, and showing respect for the opinions they express

· Allow, encourage and maximize participation by each child in any group activity

· Recognize that much of what we ask children to attempt as we seek to train or teach them is being tried by them for the first time. They must therefore be permitted the right to make mistakes without fear of criticism or rejection

· Acknowledge and encourage children, according to age and ability, to be progressively involved in decision-making relating to programs being mounted for them

· Model equality of treatment of all children regardless of race, colour, creed or social status

· Model in the leaders’ lives the behavior and beliefs which they attempt to
encourage or instill in the children under their care

Carers of Children should be warm, understanding adults who have a positive attitude towards children. They need to be sensitive towards children and be flexible to the demands of child supervision and they need to be reliable. Children will feel more comfortable and relate better to a leader who does what they have indicated they will do.

Supervisory Practices

There are often times where it is unclear who is actually supervising children in a church setting. Such times as after church, at the church picnic or actually during the worship service if there are no formal children’s activities. In these cases the child is the responsibility of the parents.

It is most important that children should not be allowed into rooms in the church building that may cause danger to them e.g. kitchen, rooms with stacked chairs and electrical equipment.

*Form of abuse*	*Examples*	Indicators *
Physical abuse	Excessive discipline, severe beatings or shakings.	Unexplained bruises, burns, bites, broken bones, scars. Extreme aggression or withdrawal, inappropriate clothes for weather conditions to cover body, complaints of soreness, discomfort with physical contact & emotional problems.
Emotional abuse	Constant criticizing, belittling, insulting, rejection, providing no love, support or guidance.	Passive and aggressive behavioral extremes, habit disorders.
Child sexual abuse	Sexual touching, exposure to pornographic material, child prostitution, oral sex, intercourse.	Physical signs of injuries, poor self esteem, lack of confidence, peer problems, unusual aversion to physical contact, excessive seductiveness, inappropriate age sexualized play, inappropriate expressions of friendship between a child and an adult.
Neglect	Failure to provide food, clothing, shelter, medical care, attention, hygiene or supervision.	Consistently hungry, malnourished, tired, inappropriately dressed for weather conditions, inadequately supervised.