Episode 25 | 27 min | March 24, 2023 Supporting and Strengthening Mental Health in Churches, with Dr. Pernessa C. Seele Fostering well-being holistically with leaders and congregants can rejuvenate spiritual health—and help reduce legal liabilities. Erika E. Cole
Are Ministers Always Exempt from State-Required Counseling Licenses? A Florida appeals court’s decision offers a rare look at the elements necessary for a licensing exemption to apply. Richard R. Hammar
Developing a Lay Counseling Ministry Have you created a safe, secure environment for your spiritual care ministry? The Editors
Risk Management Key point 10-05.03. Churches can reduce the risk of liability based on negligent supervision for
Court Decisions Recognizing Negligent Supervision Claims Key point 10-09.01. Some courts have found churches liable on the basis of negligent supervision
Court Decisions Rejecting Negligent Supervision Claims Key point 10-09.02. Some courts have found churches not liable on the basis of negligent
Court Decisions Recognizing Negligent Supervision Claims Key point 10-10.01. Some courts have found churches liable on the basis of negligent supervision
Risk Management Key point 10-12.01. Churches can reduce the risk of liability associated with pastoral or lay
Court Decisions Recognizing Fiduciary Duty Claims Key point 10-13.01. A few courts have found churches and denominational agencies liable on the
Court Decisions Rejecting Fiduciary Duty Claims Key point 10-13.02. Several courts have refused to hold churches and denominational agencies liable on
Risk Management Key point 10-13.03. Churches can reduce the risk of liability based on breach of fiduciary
Statutes of Limitations Key point 10-16.04. The statute of limitations specifies the deadline for filing a civil lawsuit.
Negligent Supervision of Church Workers—Sexual Misconduct Cases Involving Adult Victims Many of the cases in which churches have been sued for negligent supervision involve incidents
Counseling—In General Key point 10-12. Churches face a number of legal risks when they offer counseling services
Breach of a Fiduciary Duty In recent years, some courts have ruled that certain “special relationships” are “fiduciary” in nature
Negligent Supervision of Church Workers—In General Tip. A number of courts, in addressing the question of whether clergy are employees or
State Regulation of Psychologists and Counselors Key point 4-10. Every state strictly regulates the practice of both psychology and counseling. However,
Marriage Counseling Key point 3-08.02. The clergy-penitent privilege may apply to communications made to a minister in
Managing the Legal Risks of Lay Counseling Develop specific policies and procedures that protect your church, lay caregivers, and those who receive care.
What Pastors Need to Know About Mental Health, Ministry, and Liability How both legal experts and ministry leaders approach mental health issues in the church. Samuel Ogles