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Are Criminal Background Checks Legally Required for Youth Ministry Workers?

A historic recent case helps answer this question.

Are Criminal Background Checks Legally Required for Youth Ministry Workers?
Image: Daniel McCullough / Unsplash

In a development of immense importance to church leaders, a California appellate court ruled that a youth-serving charity had a legal duty to perform criminal background checks on employees and volunteers, and could be liable for the sexual molestation of minors by unscreened workers. Doe v. United States Youth Soccer Association, 8 Cal.App.5th 1118 (Cal. App. 2017). The court's ruling is historic because it represents the first reported case in which a court unequivocally reached this conclusion. As a result, the decision merits careful study by church leaders.

Facts

A 12-year-old girl (the "plaintiff") was sexually abused by her soccer coach. She sued national, state, and local youth soccer associations (the "defendants"), claiming that they were responsible for her injuries on the basis of negligence and willful misconduct. She claimed that the defendants had a duty ...

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Richard R. Hammar is an attorney, CPA and author specializing in legal and tax issues for churches and clergy.

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Posted:
  • February 20, 2018

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