Mandatory Reporting for Churches: ‘I Can’t Promise Not to Tell’

Youth workers have ethical and legal duties they must fulfill.

eens facing serious issues rarely seek out formal counseling. Instead, they may:

  • Drop hints during a group discussion
  • Speak quietly after youth group
  • Share personal struggles—but only after extracting a promise that you won’t tell anyone

That’s a risky—and sometimes illegal—promise to make.


Know Your State’s Mandatory Reporting Laws

Most states require professionals—like doctors, teachers, and police—to report suspected abuse of minors. In many states, this duty extends to:

  • Pastors
  • Youth workers
  • Childcare providers

“If you’re a mandated reporter and fail to comply, you place yourself, your ministry, and its leadership in jeopardy.”
—Rich Van Pelt & Jim Hancock, The Youth Worker’s Guide to Helping Teenagers in Crisis


The Consequences of Failing to Report

Imagine a youth worker learns a teen is being molested by a relative—but says nothing. The abuse continues. Later, if authorities learn the church had prior knowledge and failed to act, they could:

  • Charge the youth worker for failure to report
  • Hold the church liable for ongoing abuse

Bottom line: Know your state’s laws. Train your youth leaders on:

  • Confidentiality
  • Abuse disclosures
  • Counseling boundaries
  • State-mandated reporting requirements

Note: Ignorance of the law is not a defense.


Confidentiality: A Double-Edged Sword

Confidentiality builds trust—but can backfire.

  • Teens won’t open up if they think their secrets won’t be kept
  • But you can face legal trouble for keeping secrets that should be reported

Real-Life Cases from Brotherhood Mutual:

  • Case 1: A youth leader shared a girl’s secret with a family friend. The family threatened to sue for breach of confidentiality.
  • Case 2: A church leader failed to report sexual abuse disclosed in counseling. He was held legally liable.

“Even clergy confidentiality laws usually include exceptions for abuse,”
—Ronald Troyer, Brotherhood Mutual


How to Walk the Tightrope

Youth workers must be clear and honest with teens.

“Why won’t you promise to keep it a secret?”
“Because it may not be in your best interest, and I could be breaking the law.”
—Richard Van Pelt

Every ministry should:

  • Train all lay counselors on abuse reporting laws
  • Distribute Richard Hammar’s Child Abuse Reporting Laws for Churches (published bi-annually in Church Law & Tax Report)

Counseling: Know Where the Line Is

If youth workers give advice that crosses into clinical counseling, they risk being sued for unlicensed practice.

“You cannot step across the line from being a spiritual counselor to a clinical counselor.”
—John Sandy, Brotherhood Mutual

What Not to Do

Avoid giving clinical advice unless you’re licensed. Be cautious:

  • Don’t recommend treatments or actions from books or non-biblical sources
  • Don’t act as a therapist—especially with complex mental health issues

Understand Mental Health Licensing Laws

These vary by state. Generally:

  • Pastors employed by a church can provide pastoral care without a license
  • Lay counselors may face stricter regulations—especially if they:
    • Charge fees
    • Advertise services publicly
    • Use protected titles like “counselor” or “therapist”

Safer Terms to Use:

  • Helping relationship
  • Mentoring or discipling relationship
  • Coaching
  • Pastoral care

When Pastoral Counseling Isn’t Enough

Some signs a teen may need clinical help:

  • Sudden aggression or outbursts
  • Drop in grades
  • Talk of running away
  • Nightmares or insomnia
  • Significant weight or appearance changes

Referral is key. Even seasoned youth workers face situations beyond their training.

“Referral isn’t a sign of weakness—it’s a sign of strength.”
—Van Pelt & Hancock


Building a Referral Network

Create connections with trusted professionals:

  • Support groups and Christian counseling centers
  • Local crisis hotlines
  • Licensed therapists and psychologists
  • Teen mental health hospitals
  • Crisis pregnancy centers
  • Substance abuse counselors

Prepare before a crisis hits. Know who to call before you need them.


Establishing Counseling Guidelines

Ministries must protect both youth and adult leaders. Consider the following policies:

Create a Lay Counseling Agreement that outlines:

  • Confidentiality terms (especially for minors)
  • Session limits
  • Right to terminate counseling at any time
  • Clarification that only biblical (not clinical) counseling is provided

Parental/guardian consent is essential for minors.

Sample forms available in Lay Counseling Risk Management Guidebook
—John L. Sandy, Brotherhood Mutual


2. Sexual Misconduct Prevention

To reduce risks:

  • Never counsel someone of the opposite sex alone
  • Have a parent or second adult present when counseling a minor
  • Set limits on:
    • Session duration (e.g., 45–60 minutes)
    • Number of sessions (e.g., maximum of six)
  • Use offices with windows and visibility
  • Avoid physical contact that could be misinterpreted

3. Ethical Standards

Youth workers should:

  • Never interfere with medical treatment or prescriptions
  • Immediately report:
    • Suspected abuse
    • Suicidal statements
    • Threats of violence

Legal documents should clearly outline exceptions to confidentiality.


4. Confidential Record-Keeping

Encourage youth workers to take simple notes:

  • Date of each session
  • What was shared
  • Advice given

Keep records:

  • Secure and confidential
  • Password-protected if digital
  • Encrypted if on portable devices
  • As church property, not personal files

Discuss record-retention policies with your attorney.


Responding with Care—and Caution

Youth ministries are full of caring adults who want to help. But well-meaning actions can carry legal risks. Take time to:

  • Understand state laws
  • Train your team
  • Create a strong policy framework
  • Build a trusted referral network

With wise preparation, your church can offer both compassionate and legally sound care to teens in crisis.

Laura J. Brown is a writer and communications specialist with Brotherhood Mutual Insurance Company. For free resources from one of the nation’s leading insurers of churches and related ministries, visit BrotherhoodMutual.com.

This content is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. "From a Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations." Due to the nature of the U.S. legal system, laws and regulations constantly change. The editors encourage readers to carefully search the site for all content related to the topic of interest and consult qualified local counsel to verify the status of specific statutes, laws, regulations, and precedential court holdings.

ajax-loader-largecaret-downcloseHamburger Menuicon_amazonApple PodcastsBio Iconicon_cards_grid_caretChild Abuse Reporting Laws by State IconChurchSalary Iconicon_facebookGoogle Podcastsicon_instagramLegal Library IconLegal Library Iconicon_linkedinLock IconMegaphone IconOnline Learning IconPodcast IconRecent Legal Developments IconRecommended Reading IconRSS IconSubmiticon_select-arrowSpotify IconAlaska State MapAlabama State MapArkansas State MapArizona State MapCalifornia State MapColorado State MapConnecticut State MapWashington DC State MapDelaware State MapFederal MapFlorida State MapGeorgia State MapHawaii State MapIowa State MapIdaho State MapIllinois State MapIndiana State MapKansas State MapKentucky State MapLouisiana State MapMassachusetts State MapMaryland State MapMaine State MapMichigan State MapMinnesota State MapMissouri State MapMississippi State MapMontana State MapMulti State MapNorth Carolina State MapNorth Dakota State MapNebraska State MapNew Hampshire State MapNew Jersey State MapNew Mexico IconNevada State MapNew York State MapOhio State MapOklahoma State MapOregon State MapPennsylvania State MapRhode Island State MapSouth Carolina State MapSouth Dakota State MapTennessee State MapTexas State MapUtah State MapVirginia State MapVermont State MapWashington State MapWisconsin State MapWest Virginia State MapWyoming State IconShopping Cart IconTax Calendar Iconicon_twitteryoutubepauseplay
caret-downclosefacebook-squarehamburgerinstagram-squarelinkedin-squarepauseplaytwitter-square