Q: We have a child protection policy in place but I am running into a major problem with the fact that we have stated an age for our workers as 18 years. I am having a very difficult time filling all the areas needed with this age requirement. We are looking at rewording our policy to fit the needs of the church. My question is what is the legal age or is there one for child care workers?
Using children’s workers who are under 18 years of age is a common church practice. However, note the following considerations:
The younger the worker, the greater the risk
A church must exercise reasonable care, some courts have said a “high” degree of care, in the selection and supervision of children’s workers. Obviously, using workers who are 10 years of age in a church nursery will expose the church to greater risk than using someone who is 17.
Adult supervision is essential
It is imperative that at least one adult be present at all times if minors are used as volunteer workers in any program or activity involving minors. Ideally, two adults should be present, so that if one of them must be absent temporarily, the other will be there.
Have a clear and reasonable standard of care
If a minor is injured, the church may be legally responsible on the basis of negligence if the injury resulted from the church’s failure to exercise a reasonable degree of care in the selection or supervision of its workers. Courts often look to the practices of local charities, and sometimes national charities, in establishing a reasonable standard of care. As a result, it is often helpful for church leaders to contact other youth-serving charities in the area to ascertain their practices and policies on specific issues. Using local affiliates of national charities is the best practice. I
Carefully screen all workers
How is this done? You obviously cannot perform criminal records checks on persons under 18 years of age, and even for persons who are 18 or 19 a criminal records check will have limited significance. You really need to approach the screening of adolescents in a different manner. Let me suggest two options.
- Get two or three reference letters from persons who have seen the applicant interact with other minors (this would include church workers, coaches, school teachers, scout leaders, etc.). The bottom line is that you cannot conduct criminal records checks on such persons, but you must take other steps to demonstrate reasonable care.
- Contact local youth-serving charities such as the public school district, Boy/Girl Scouts, YMCA, Boys/Girls Clubs, etc. and ask them what screening they use for adolescent workers. Be sure to make a record of each contact. Taking these steps will reduce your legal liability.
Understand applicable wage and labor laws
If you compensate minors who work with children in your church, then you need to be aware that you may need to pay them the minimum wage (under state or federal law, whichever is greater), and that state or federal child labor laws may apply. Both of these issues need to be carefully addressed to ensure compliance with the law.
