Key point 10-12. Churches face a number of legal risks when they offer counseling services by ministers or laypersons. These include negligent selection, retention, or supervision of a counselor who engages in sexual misconduct or negligent counseling. A church also may be vicariously liable for a counselor's failure to report child abuse, breach of confidentiality, and breach of a fiduciary relationship.
Most churches offer some form of counseling services. The most common example would be counseling of church members by a minister. Many churches also offer lay counseling services. Some limit these services to members of the congregation, while others target the general public and promote their counseling ministry in the local media and telephone directory. Some churches use counselors or psychologists who are licensed by the state, while others use unlicensed laypersons with little ...
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