Prevention

“Prevention is our first and most important step in the fight against sexual abuse in our churches. We plead with you to make prevention and proactivity your anthem. ”

Many people believe abuse or exploitation of men, women, and children will not happen in their church or ministry. It is also difficult for people to believe someone they personally know or trust can be an abuser. However, no church is immune to the problem of sexual abuse, sexual exploitation, or sexual violence regardless of denomination, location, or size. Any illusion of safety is dangerous to both the church/ministry and the people it serves.

Sexual abusers take advantage of places where barriers of protection are lowest, where people are more trusting, and where fewer hurdles exist between volunteers and children/youth. Unfortunately, churches are often targeted by sexual abusers for these very reasons. As a result, we as Church Forward churches should strive to be proactive in our preventative measures in order to limit the possibility of sexual abuse fromoccurring in our churches. We have both a legal and moral obligation to protect children, students, and other adults from being abused or exploited. 

It is important that churches have plans and practices in place to reduce the likelihood of an incident. This begins with establishing clear guidelines in your church’s “Policies and Procedures” and “Code of Conduct”. These documents can act as the foundation that defines expectations of conduct for staff and volunteers. Your written policies, training, education, and ongoing conversations with staff and volunteers should define appropriate, inappropriate, and harmful behaviors. They should also establish clear lines of communication, reporting, and actions for your staff and volunteers to take in the instance that they witness a situation or interaction that falls outside the previously defined boundaries of appropriateness. Establishing this foundation allows you to address inappropriate behaviors or boundary violations with children, youth, or other adults that were inadvertent or due to inexperience. The goal is for these actions to be corrected before they cross the line into harmful or abusive behaviors that must be reported. However, if at any time, a behavior does cross the line into sexual abuse, sexual exploitation, or sexual violence it MUST be reported to the proper authorities.

The following are suggestions, compiled by Church Forward Church Guard, to equip you in taking the necessary preventative steps in the fight against sexual abuse. Use the following as a reference when girding up your church and its members for handling cases of sexual abuse, sexual exploitation, and sexual violence. (1 Peter 1:13-16) Remember, nothing is foolproof, but “an ounce of prevention is worth a pound of cure”.

Have A Process

“The purpose of (a) process is to ensure consistency. A good process is like a checklist that ensures the right things get done by the right people at the right time.”
— Adrian Davis

Having a process helps prevent both biases and forgetfulness, and it fosters respect for everyone involved in a situation. 

In regards to both normal pastoral duties and those concerning sexual abuse, sexual exploitation, or sexual violence, it is necessary for pastors and church leaders to have processes-especially in the areas of reporting and documentation. Processes will help protect not only you as the pastor or church leader, but also your church body, if legal actions are ever taken against you or your church.  

In addition, it is vital that the church is well versed in the established processes so that everyone involved in the situation knows what to do. These processes or standard operating procedures means your organization does the same thing routinely in order to maintain safety and respect while avoiding bias toward the people involved in a given circumstance. These procedures also allow you to react swiftly in an organized manner and on a united front.  

Pastoral Counseling Policies & Procedures

It is recommended that churches adopt and follow a written counseling policy. Having a policy in place and requiring pastors to sign an agreement stating they will abide by that policy is a great first line of defense for both pastors and church members alike in the prevention of sexual abuse and sexual violence.

A policy enables:

● a pastor to be more readily prepared to handle any false allegations of improper conduct

● the church to limit liability and enable it to focus on ministry

A church that does not have guidelines in place for how a pastor conducts his counseling ministry could be found negligent of harm that a pastor commits during counseling sessions. If a church fails to take action after it has become aware, or should have become aware, of a pastor's misconduct during counseling, the church could also be liable for negligent retention of that pastor. 

Key elements in a pastoral counseling policy should hold a pastor providing services to:

  • Limit counseling to Biblical and spiritual concerns by rejecting the label of licensed, clinical, or professional counselor unless the pastor has actually received psychological training and licensing from an accredited institution;

  • Emphasize Biblical counseling by keeping the Bible open and clearly in sight throughout each counseling session, reading from at least one Scripture reference during the counseling session, assigning Scriptural homework to the person being counseled, and beginning and ending each counseling session with prayer (2 Timothy 3:16-17).

  • Encourage each person being counseled to sign a Counseling Agreement in which a pastor

    1) acknowledges the counseling provided is Biblical not professional

    2) acknowledges he is not a professional in psychological counseling, psychiatric therapy, or marriage and family counseling or therapy, and is not licensed by the state as a counselor, social worker or therapist (unless he does indeed hold a license)

    3) has the person being counseled agree not to sue the church for any expenses or damages that result from any of a pastor's counseling services as well as agreeing that otherwise confidential communications may be disclosed to appropriate state law enforcement authorities where required by law.

  • Never touch anyone in an inappropriate manner.

  • Take steps to ensure the confidentiality of counseling sessions. (Proverbs 20:19)

  • Keep detailed records of counseling sessions, (keeping careful records is necessary to protect pastors from a "he said, she said" dispute in a legal claim against a pastor or church; notes should be retained in a confidential file which no one but the counselor has access to (1 Corinthians 14:40);  including notes of the following: 

    • date, time and location,

    • names of those present and the reason for their presence,

    • confidential nature of the session,

    • problem for which counseling was sought,

    • spiritual advice given, including specific Scripture references shared,

    • specific actions recommended and any actions the counselee was discouraged from taking

    • any unusual incidents or statements occurring during the session, for example: 

    • threats of harm to self or others,

    • allegations of child abuse,

    • evidence that the counselee is under the influence of alcohol or a controlled substance;

  • Schedule all counseling sessions in writing and keep a secretary or other trusted church leader informed of a pastor’s whereabouts at all times during sessions;

  • Refer people with serious concerns or issues requiring professional counseling to a professional medical or psychiatric counselor with specialized training.

    • This policy not only ensures that a pastor reserves sufficient time for his other pastoral duties, but also lowers the risk of a pastor and counseled relationship becoming either intimate or estranged.*

  • Remove the temptation for impropriety and adultery while counseling members of the opposite sex by (1 Corinthians 6:18a)*:

    • Avoid counseling members of the opposite sex out of sight and alone,

    • Instead, make sure the counseling session is clearly visible to others. (Counseling in an open venue and/or in view of cameras can help eliminate the opportunity for emotional attachment and protect a pastor against unfounded allegations of misconduct.)

    • conduct the session in a room with a window,

    • conduct the session on a pew in the front of the church out of the hearing of anyone else, 

    • conduct the session in the presence of another staff person or trusted church member who was agreed upon by person being counseled; 

  • Never counsel a minor without the presence of another adult.

*One study of pastors involved in affairs found 71 percent of the affairs began through pastoral counseling sessions.

*Studies also show that many of those individuals counseled for an extended period of time leave the church because they feel exposed or feel like they have become the target of sermon illustrations. 

Necessary Documentation

  • • Emails that track communication between yourself and others

    • Talk to text

    • Voice recordings (after first notifying other individuals in conversation)

  • • SOAP Notes (Subjective, Objective, Assessment, Plan)

    • Narrative notes

    • Voice recordings transferred to Word or an online document

  • • Time

    • Date

    • Place

    • Individuals present

    • Topic and content of discussion or situation

  • • Keep consistent notes that maintain the same format

    • Record notes as soon as you are finished with a conversation or during the conversation if able

Referral to Other Professionals

Many pastors/church leaders express feelings of uncertainty when faced with a need beyond their skill set. Despite being a spiritual leader, pastors and church leaders do not have all the answers every person wants, needs, or asks for, and that is absolutely satisfactory; you simply cannot be everything to everyone. In fact, it is healthy to refer both church members and attendees to other qualified professionals when their needs are beyond your training and ability as a pastor or church leader. While it may be hard to discern when a referral is needed, your personal intuition, prayer, the Holy Spirit, and possibly another church leader’s trusted advice will provide you with the appropriate course of action. (Proverbs 3:5-6)

The following are situational examples requiring referrals to other professional(s):

  • • Diagnosed medical conditions, such as: depression, bipolar disorder, schizophrenia, etc.

    • Someone is a danger to themselves or others

    • Referral resources:

    • Christ First Counseling Services

    • Email address: cfcc@christfirstcounseling.com

    • Phone number: (888) 383-2322

    • The member’s or attendee’s regular counselor

    • A trusted Christian counselor in your area

    • If unsure of a local resource, your AMS/DOM may have some recommendations.

  • • When someone is thinking about or planning suicide

    • Referral resources:

    • Appropriate authorities

    • Call 911 immediately

    • Suicide and Crisis Lifeline

    • Phone number: 1-800-273-8255; 24 hours a day, 7 days a week

    • Text number: 988; 24 hours a day, 7 days a week

Confidentiality vs. Secrecy

Confidentiality means: “marked by intimacy or willingness to confide”

Appropriate confidentiality breeds health in a congregation. It fosters confidence in the leaders, trust within the flock, and encourages healthy behavior and accountability that builds people up and strengthens relationships. 

Please do not share another person’s information without permission from that individual. If the individual wants others to know, let them be the ones to share. When needed, inform the individual that you will consult with a trusted one or two other church leaders in order to seek wise counsel. Be careful when sharing information if you have a board, group of elders, deacons, and/or trustees; they do not ALL need ALL the details in every situation. Many times generalities are enough for your team to continue leading well. This also proves true in prayer requests. Remembering these recommendations will help your leadership team avoid gossip as well as limit the spread of gossip within your church body. (Proverbs 16:28)

  • • “Before you share this, I want you to know”

    • “I’m not going to promise that I won’t share.”

    • “Please trust me to do what is right.”

    • “I’ll communicate with you what I am doing as I am doing it.”

    • “I will share this information with someone else if you are a danger to yourself or others.”

Secrecy is defined as: “the condition of being hidden or concealed”; “the habit or practice of keeping secrets or maintaining concealment”

Secrecy fosters fear, anxiety, mistrust, gossip, and dysfunction in the flock. It destroys accountability and gives space for untruths which can produce much collateral damage. Secrecy can affect church growth. It can hamper the congregation’s ability to come before God and allow the Spirit to move in the midst of the faith community. This can be especially true when pastors or church leaders have used or continue to use secrecy in attempts to preserve reputations or in order to control individual views within the church body. (Mark 4:22)

“Secrecy, once accepted, becomes an addiction.” -Edward Teller

By taking steps to guard confidentiality while preventing secrecy that can harm the church body as a whole, you are protecting the very children of God. May we allow the light of Christ to shine in our communications and dealings with one another.

Statistics: General Population Sexual Abuse

Yearly:

  • 60,000 children are victims of substantiated or indicated sexual abuse.

  • 433,648 Americans, 12 and older, are sexually assaulted or raped.

  • Every 68 seconds an American is sexually assaulted.

  • 1 out of every 6 American women has been the victim of an attempted or completed rape in her lifetime.

  • From 2009-2013 Child Protective Service agencies substantiated or found strong evidence to indicate that 63,000 children a year were victims of sexual abuse.

  • A majority of child victims are 12-17 years old.

  • 12-34 are the ages at highest risk for rape or sexual assault.

*Information was found at RAINN.org.

Statistics: People with Disabilities Sexual Abuse

  • More than 80 percent of women with disabilities have been sexually assaulted. 50 percent of those women have been assaulted more than ten times. In addition, research suggests that women with disabilities experience more frequent and more severe acts of violence.

  • Between 97 and 99 percent of abusers are known and trusted by survivors, andmay include family members (32 percent) or other caretakers, home health aides and living facility attendants (44 percent). Some data has shown that abusers see people with disabilities as “ideal victims” because they are less likely to report, and less likely to be believed.

  • Domestic violence can cause disability—it is the leading cause of injury to women between the ages of 15 and 44 in the United States.

  • In 2013, the rate of violent victimization against persons with disabilities was at least double the rate for those without disabilities for every age group measured except those 65 and older.

  • Only three percent of sexual abuse cases involving people with developmental and cognitive disabilities are ever reported. Yet, people with cognitive disabilities experience the highest rates of violence of all people with disabilities.

  • Women with disabilities have a 40 percent greater chance of intimate partner violence than women without disabilities.

  • Survivors with disabilities face additional types of abuse. They may:

    • Have their medications intentionally withheld or overdosed.

    • Experience financial abuse and extortion.

    • Receive threats of abandonment.

    • Experience inappropriate sexual touching during baths, and dressing.

    • Have access to adaptive equipment restricted or taken away.

    • Have communication or mobility devices taken away.

    • Have their service animals threatened or harmed.

    • Have caretakers intentionally ignore personal care and hygiene.

In addition to all of the above, survivors with disabilities have barriers to seeking support from outside sources, including isolation, lack of communication devices and interpretation, lack of transportation, lack of privacy, community spaces that are architecturally inaccessible, and societal attitudes about disability.

**This information was found at YWCA.org.

Statistics: Sexual Violence In Churches

2015 National Survey of Adult Survivors of Clergy Perpetrated Sexual Abuse

Conducted by: David Pooler

280 survivors participated

  • 65% of survivors were married

  • 88% of perpetrators were married

  • Only 4% of perpetrators were prosecuted

  • 80% of survivors agreed or strongly agreed that their experience with the church after the abuse negatively affected their spiritual life

  • 9% of survivors agreed or strongly agreed the church was helpful when they reported the abuse

  • 7% of survivors agreed or strongly agreed that the church had a policy in place to help support them (post assault)

    15% of survivors agreed or strongly agreed that their church or denomination thoroughly investigated the report

Conclusion: We, as a church at large and specifically in the Southern Baptist Convention, should take this topic seriously and should be proactive about the prevention of sexual crimes. If crimes do occur, we should be humble and seek The Lord in every aspect of carrying out justice-even if this means self-incrimination.

Recommendations for Technology Use

While technology can be very useful to our ministries, it can also put us at risk. In all technology use, integrity is our greatest defender in the prevention of sexual abuse.

Phone calls

  • Limit conversation to the specific topic at hand

  • Open your office door or ask another trustworthy adult to join the conversation-especially if there is risk for sexual abuse allegations

Online presence

  • Any form of messaging, commenting, discussion, or debate

  • • Only include people who are needed in the conversation in order to preserve confidentiality; however, when appropriate, include a spouse or other responsible adult in the conversation in order to avoid secrecy and help prevent sexual abuse allegations.

    • Recommend no personal texts or emails to college students, youth students, or children Keep these communications in group format. If individualized messages are needed, include the youth’s or child’s parent(s) on the text or email or have a conversation in person with the parent(s) present.

  • Band, Facebook/Messenger, GroupMe, Instagram, LinkedIn, Pinterest, Reddit, Telegram, Twitter, WeChat, WhatsApp, Etc.

    • Recommend no personal messaging on these platforms unless another responsible adult is added into the message; rather comment publicly.

    • Recommend no personal messages to college students, youth students, or children. Keep these communications in group format.

    • Personal comments

    • Personal comments on posts should be limited in number and kept strictly business or ministry related. It would also be wise not to instigate aggravation when commenting.

    • Monitor posts on social media platforms: both posts that you make and posts that appear on your news feed which have been made by others.

    • Be sure posts are appropriate at all times both about yourself and others (Seek God in posting even controversial or potentially contentious words and images.)

    • Delete as necessary

    Snapchat, TikTok

    • Recommend no personal messaging on this platform unless another responsible adult is added into the message.

    • Be especially vigilant on Snapchat since the images and messages disappear.

    • We recommend pastors, staff, and volunteers do not even have a personal TikTok as this platform is known for its sexaulization of minors. We also discourage the use of Snapchat for pastors, staff, and volunteers.

  • In general, monitor consistent and recurrent communication over platforms https://www.nbcnews.com/news/us-news/texas-pastor-placed-leave-online-relationship-woman-was-not-wife-expos-rcna45421

Avoid Being Alone with Someone

In this section, we define vulnerable adult as “someone who has the functional, mental, or physical inability to care for herself or himself”. While it is so important to honor and protect our elderly population as well, we understand that many of a pastor’s interactions take place with those of the elderly population and that having another person in attendance is not always feasible. (If it is feasible to have another person with you at the meeting, we recommend taking a disciple or mentee.) However, we are also aware that abuse of the elderly population does occur. We encourage you to take the following precautions: letting another staff member or volunteer know where you will be meeting and the time slot of your meeting with an elderly member, having another staff member or volunteer on speaker phone during the meeting, etc.

A child/minor is defined as “a person who is not yet old enough to have the rights of an adult”. The fact is that children are not the same as adults, and therefore they need to be treated differently. This means the church must be diligent about preserving a child’s purity and innocence.

**If possible, pastors, church leaders, staff, and volunteers should never be alone with a child/vulnerable adult (meaning only one adult with one child/vulnerable adult). Always work to have another person, preferably another adult, with you and the child/vulnerable adult. If that is not possible, have at least one other child or vulnerable adult present. If the previous step is not possible, call another adult on your cell phone and have them stay on speaker with you while you are alone with the child/vulnerable adult. It is also recommended that you and the child/vulnerable adult exit the building and sit outside in a visible location for accountability purposes.

  • Youth and children’s workers can be specifically vulnerable to being alone with a child/minor. It is crucial that you plan ahead in order to avoid this occurrence. Be sure to encourage clear communication amongst your other youth or children’s leaders as well as parents or caretakers in order to maintain transparency. (1 Thessalonians 5:22)

An adult is defined as “fully developed and mature”. Despite this definition, it is crucial that pastors, staff, and volunteers take precautions when meeting with adults too, especially those of the opposite gender.

**If possible, pastors, church leaders, staff, and volunteers should not be alone with an adult of the opposite gender and, in some circumstances, an adult of the same gender. Always work to have another person with you and the other adult. If that is not possible, call another adult on your cell phone and have them stay on speaker with you while you are alone with the adult. It is also recommended that you and the adult exit the building and sit outside in a visible location for accountability purposes.

  • Pastors and staff can be specifically vulnerable to being alone with an adult of the opposite gender. Clear communication is a great precaution in maintaining transparency. (1 Thessalonians 5:22)

Know Healthy Personal Boundaries

There are some universally held personal boundaries; however, different individuals have different boundaries for personal space. Be attuned to the person with whom you are interacting and respond according to their comments and body language. Individuals who are survivors of abuse may have even stricter boundaries for personal space than the general population. These individuals may be very sensitive to touch of any kind including pats on the back or hugs.

Pastors, church leaders, staff, and volunteers need to have clear boundaries pertaining to physical contact and should always receive consent prior to touching another individual. Physical contact boundaries should be unambiguously defined in a code of conduct or policies and procedures document which is  administered to all pastors, staff, and volunteers. 

Specific forms of touch:

  • • Side hugs only

    • Always receive permission

    • Helpful phrases:

    • “May I hug you?”

    • “Are you okay with a hug?”

    • “Do you need a hug?”

    • “Are you okay with a hug?”

    • “Do you need a hug?”

  • • Not appropriate under any circumstances

    • Not even babies

    • Do not kiss anyone you are not related to

  • • Always receive permission

    • Recommend only holding hands with college students, youth students, and other adults during large group prayer

  • • Always receive permission

Church Guard discourages other forms of touch without first receiving permission.

Be Aware

One of the best ways to avoid sexual abuse from occurring in our churches is to be aware.

“ “Behold, I am sending you out as sheep in the midst of wolves, so be wise as serpents and innocent as doves.””
— (Matthew 10:16)

Sexual abuse can happen anywhere and to anyone. The CDC reports “sexual violence affects millions of people each year in the United States

  • Over half of women and almost 1 in 3 men have experienced sexual violence involving physical contact during their lifetimes. One in 4 women and about 1 in 26 men have experienced completed or attempted rape. About 1 in 9 men were made to penetrate someone during his lifetime. Additionally, 1 in 3 women and about 1 in 9 men experienced sexual harassment in a public place.

  • More than 4 in 5 female rape survivors reported that they were first raped before age 25 and almost half were first raped as a minor (i.e., before age 18). Nearly 8 in 10 male rape survivors reported that they were made to penetrate someone before age 25 and about 4 in 10 were first made to penetrate as a minor.

  • Women and racial and ethnic minority groups experience a higher burden of sexual violence. For example, more than 2 in 5 non-Hispanic American Indian or Alaska Native, and non-Hispanic multiracial women were raped in their lifetime.

  • Recent estimates put the lifetime cost of rape at $122,461 per survivor, including medical costs, lost productivity, criminal justice activities, and other costs.

Due to the unfortunate frequency of sexual abuse and sexual violence; we as pastors, church leaders, staff, and volunteers should be vigilant in safeguarding against these practices within our church ministries and the church body itself. Often, this means, “trusting your gut”, or your instincts when a questionable situation occurs. It also means training your mind and eye to be attuned to the signs of sexual abuse and violence both as they present in survivors/victims and in offenders. While signs of sexual abuse and violence can present differently in different people, the following are common signs which can indicate that sexual abuse or violence has occurred.

  • • avoidance or fear of specific people or places

    • changes in personal hygiene habits

    • self-harming behaviors or suicidal thoughts

    • sleep disturbances, including nightmares or insomnia

    • sudden or inexplicable mood changes, depression, or anxiety

    • unexplained changes in behavior or personality

    • unexplained pain, discharge, or burning in the genitals

  • • a sudden decline in communication or overall talking

    • behavioral changes, like becoming more compliant or rebellious than usual

    • clinging to certain people more than usual

    • excessive discussion, curiosity, or knowledge about sexual topics

    • losing interest in school, friends, or hobbies

    • not wanting to be left alone

    • reluctance to change clothes or partake in activities that require changing

    • any type of regression such as during potty training

  • • actions involving threats, force or aggression

    • ignoring social, emotional or physical boundaries or limits, making others uncomfortable

    • ignoring limits set by another person or keeping another person from setting a limit, especially using belittling language in the process

    • insisting on physical contact (hugging, touching, kissing, tickling, wrestling with or holding) when the other person doesn’t want it

    • turning to a child/teen or vulnerable adult for emotional or physical comfort by sharing personal or private information or activities that are normally shared with adults

    • frequently pointing out sexual images or telling inappropriate or suggestive jokes with children/teens or vulnerable adult present

    • repeatedly exposing a child/teen or vulnerable adult to adult sexual interactions

    • having “secret” interactions with children/teens or other adults/vulnerable adults (e.g., games, secret gifts, sharing drugs, alcohol or sexual material) or spending excessive time emailing, texting or calling children/teens or other adults/vulnerable adults

    • being overly interested in the sexuality of a particular child/teen or vulnerable adult (e.g., talks repeatedly about the child's developing body or interferes with normal teen dating)

    • spending unusual amounts of uninterrupted isolated time alone with a child/teen or vulnerable adult

    • seeming too available or overindulgent with babysitting, outings or gifts (e.g., frequently babysits different children for free, takes children on special outings alone, buys children/teens or adults/vulnerable adults gifts or gives them money for no apparent reason)

    • frequently walking in on children/teens or adults/vulnerable adults in the bathroom

    • allowing children/teens to consistently get away with inappropriate behaviors

    • few/no age equivalent adult friendships/only friends are children/teens or vulnerable adults

    • adult’s age equivalent friends exhibit similar behaviors as listed above

Best Practice Ministry Area Printable Resources

Key Words

  • for this task force, an individual who is accused of sexual abuse, sexual assault, or sexual violence

  • a set of rules that members of an organization or people with a particular job or position must follow

  • anyone who holds a state recognized license in Kansas; for the purposes of this task force, pastors are mandated reporters; ethically and morally, pastors should report instances of sexual abuse, sexual exploitation, and sexual violence

  • everyone; everyone has a responsibility to report child abuse or neglect; state law requires any person who has a reason to believe that a child has been abused or neglected to report their concerns to the Child Abuse and Neglect Hotline

Trauma-Informed Care

Trauma-informed care is vital to the healing of individuals who have been abused. Being trauma-informed means first realizing the prevalence of trauma and second realizing that everyone has different reactions to trauma; at its simplest form, this means that people’s actions can be influenced by their traumatic experiences. There is not a “one size fits all” response to a traumatic event. Some individuals react to trauma in maladaptive ways and even develop mental health disorders in response to their experience, while some individuals react to trauma more positively.

Important principles of trauma-informed care include:

  • • It is important for you as a pastor or church leader to believe the survivor who is approaching you for assistance

    • Coming forward to seek help can be extremely difficult and even daunting for the survivor

    • It is not your job, as a pastor or church leader, to substantiate or disprove the claims that are being made

  • • You are encouraged to ask for permission prior to

    1) becoming involved in the survivor’s healing process

    2) setting up a meeting with another trusted church leader who can become involved in the survivor’s healing process

    3) discussing certain topics with the survivor

  • • When an individual has been through sexual trauma, their voice, certain choices, and bodily autonomy have been taken from them

    • It is important for you to offer the survivor one of the biggest keys to healing: control

    • Asking questions is one of the main ways you can offer control

    • Allowing them to be in the “driver’s seat” especially regarding next steps in seeking justice and obtaining healing is another main way you can offer control

  • • This will depend upon the age of the survivor

Mandated Reporting for Kansas & Nebraska

Currently, anyone holding a professional license in the state of Kansas is a mandated reporter. Pastors, you are not mandated reporters; however, mandated or not, reporting is the right thing to do. 

  • Mandated reporter state definition: any person who is licensed to practice any branch of the healing arts, a licensed psychologist, a licensed master level psychologist, a licensed clinical psychotherapist, the chief administrative officer of a medical care facility, a teacher, a licensed social worker, a licensed professional nurse, a licensed practical nurse, a licensed dentist, a licensed marriage and family therapist, a licensed clinical marriage and family therapist, licensed professional counselor, licensed clinical professional counselor, registered alcohol and drug abuse counselor, a law enforcement officer, a case manager, a rehabilitation counselor, a bank trust officer or any other officers of financial institutions, a legal representative, a governmental assistance provider, an owner or operator of a residential care facility, and independent living counselor and the chief administrative officer of a licensed home health agency, the chief administrative officer of an adult family home and the chief administrative officer of a provider of community services and affiliates thereof operated or funded by the department for children and families or licensed under K.S.A. 75-3307b and amendments thereto who has reasonable cause to believe that an adult or child is being or has been abused, neglected or exploited or is in need of protective services shall report, immediately from receipt of the information, such information or cause a report of such information to be made in any reasonable manner.

    A report should be made by the person who has “a reason to believe” that abuse or neglect is being experienced; however, if you are aware that someone else is making a report, you are not then required to report-as long as a report on the child’s or vulnerable adult’s behalf is made. Follow-up is key in these situations to ensure that at least one report is made.

    Generally, a report is not required for an adult who has experienced sexual abuse in their childhood UNLESS there is “reasonable suspicion” that the alleged offender is still alone around children/vulnerable adults or UNLESS the person the report is made to is a mandated reporter. Though the law seems unclear in regard to adults who recount abuse that occurred in their childhood, those with a designated state license who receive an account of the sexual abuse are encouraged to report. The ultimate goal for pastors and church leaders who have knowledge of a potential danger is to stop the cycle of abuse.

    **When in doubt, REPORT.

    If you are unsure how to make a report, we encourage you to review the information in the following websites:

    Reporting Abuse, Neglect and Exploitation of Adult and Child - Prevention and Protection Services

    A Guide to Reporting Child Abuse and Neglect

    If you continue to experience uncertainty, you may email Christ First Christian Counseling at survivorsfirst@christfirstcounseling.com with questions you have pertaining to reporting.

    Anyone who reports is treated much like a person under Good Samaritan Laws which prohibit actions against the Good Samaritan or, in this case, reporter:

    “Anyone who, without malice, participates in making a report to DCF or a law enforcement agency on suspicion that a child may be in need of care, or anyone who participates in any activity or investigation relating to the report, or anyone who participates in any judicial proceeding resulting from the report, shall have immunity from any civil liability that might otherwise be incurred or imposed.”

Currently, everyone in the state of Nebraska is a mandated reporter. Pastors, church leaders, volunteers, and flock, this means you are responsible for reporting any allegations recounted to you.

  • Mandated reporter state definition: everyone has a responsibility to report child abuse or neglect; state law requires any person who has a reason to believe that a child (or vulnerable adult) has been abused or neglected to report their concerns to the Child Abuse and Neglect Hotline

    Everyone is not specifically defined throughout the Nebraska Statute of Limitations. There is no distinction made between child and adult.

    A report should be made by the person who has “a reason to believe” that abuse or neglect is being experienced; however, if you are aware that someone else is making a report, you are not then required to report-as long as a report on the child’s or vulnerable adult’s behalf is made. Follow-up is key in these situations to ensure that at least one report is made.

    Generally, a report is not required for an adult who has experienced sexual abuse in their childhood UNLESS there is “reasonable suspicion” that the alleged offender is still alone around children/vulnerable adults or UNLESS the person the report is made to is a mandated reporter. Though the law seems unclear in regard to adults who recount abuse that occurred in their childhood, all persons in Nebraska who receive an account of the sexual abuse are encouraged to report. The ultimate goal for pastors and church leaders who have knowledge of a potential danger is to stop the cycle of abuse.

    **When in doubt, REPORT.

    If you are unsure how to make a report, we encourage you to review the information in the following websites:

    Child Abuse

    What to Expect - Project Harmony

    If you continue to experience uncertainty, you may email Christ First Christian Counseling at survivorsfirst@christfirstcounseling.com with questions you have pertaining to reporting.

    Anyone who reports is treated much like a person under Good Samaritan Laws which prohibit actions against the Good Samaritan or, in this case, reporter:

    “Your contact with the hotline is confidential and will not be shared with the family. You may be contacted by a Child and Family Services Specialist during the investigation, however, you may request to remain anonymous.”

    For more information, please reach out to DHHS at DHHS.ChildrenandFamilyServices@nebraska.gov

Statute of Limitations

  • Rape: No time limit to report

    Sexually violent crimes: Depends upon the age of the survivor

    • For survivors 18 years or older case must be started within 10 years of the crime

    • For survivors under 18 years old, within 10 years of their 18th birthday

    EXCEPTIONS:

    • If you are absent from the state or hiding within the state.

    • The crime has been concealed.

    • Substantial evidence that two of the following factors exist: survivor was under 15 when the crime happened, they did not understand the acts were a crime due to age/intelligence; survivor was prevented by a parent or other legal authority from telling the police about the crime; an expert witness testifies that the survivor has repressed memories about the crime

    A case starts for the purposes of the statute of limitations when a complaint or information has been filed or an indictment by grand jury returned and a warrant has been issued. However, if the warrant isn't executed, the prosecution isn't deemed to have started.

  • Under Nebraska law, the statute of limitation depends upon the severity of the crime, ranging from one year to no time limit.

    • First or second degree sexual assault: No time limit to report

    • Sexual assault (second or third degree) when the victim is 14 or younger, third-degree sexual assault when the victim is under 16 when the assault happened, incest, sex trafficking, labor trafficking, or child pornography: No time limit to report

    • Kidnapping, false imprisonment, child abuse, pandering (activities involving prostitution), debauching a child under 17 (that is exposing or involving the child in sexual activities), obscene materials when victim is under 16: 7 years after the offense was committed or the child turns 16, whichever is later

    • Failure to report child abuse or neglect: 18 months after the offense was committed or the child turns 18, whichever is later

    *Even if prosecution is no longer applicable, it is still important to report in order to pursue healing and closure and to protect others from sexual abuse.

    https://nebraskalegislature.gov/laws/statutes.php?statute=29-110

Christ First Counseling Center (CFCC) Services for Pastors

Christ First Counseling Center (CFCC) is “dedicated to strengthening individuals, couples, families, and communities.”

CFCC is “a non-profit ministry that seeks to serve those around us with the highest level of care possible. We strive to be a compassionate ministry of hope and healing for all people; and to contribute to the overall health and well-being of the community we work and live in by providing the best care to every client through Christ-centered, integrated clinical practice, education and research. We also specialize in Human Systems Consulting, organizational health, and training services.”

This “means you can come to us no matter your situation and we will work with you. We will work with you to provide you with high quality services at an affordable rate. We desire to walk through your situation with you. It also means that to continue what we do, we rely on donations to assist those who need support but can not afford it.”

Pastors/church leaders, we encourage you to receive the care you need in order to lead a healthy family both within your home and within your church. We also encourage you to seek assistance when the weight of counseling another becomes too much to bear. Your needs are important to us at Church Forward/KNCSB. Therefore, Church Forward/KNCSB contracts with and allocates funding to Christ First Counseling Center. CFCC provides counseling in person and via telemedicine in both Kansas and Nebraska. If you feel you are in need of their services, you may contact your local AMS/DOM, one of your Church Forward/KNCSB convention staff, or CFCC directly. When you initially speak with the counseling office, be sure to mention you are a Church Forward/KNCSB pastor and request a referral form.

While CFCC does accept many forms of insurance, including Medicare and Medicaid, and works with individuals based off of a sliding scale, we understand that not all insurances cover mental health resources and that even a sliding scale may not make counseling feasible in your situation. If seeking counseling services would or could create a financial burden on your family, Church Forward’s partnership with CFCC may be able to provide assistance. Let your AMS/DOM, the Church Forward/KNCSB convention staff member, or the CFCC representative you speak with know that you would benefit from financial assistance in order to receive counseling services.

Christ First Counseling Center (CFCC) Services for Church Members/Attendees

Christ First Counseling Center (CFCC) is “dedicated to strengthening individuals, couples, families, and communities.”

CFCC is “a non-profit ministry that seeks to serve those around us with the highest level of care possible. We strive to be a compassionate ministry of hope and healing for all people; and to contribute to the overall health and well-being of the community we work and live in by providing the best care to every client through Christ-centered, integrated clinical practice, education and research. We also specialize in Human Systems Consulting, organizational health, and training services.”

This “means you can come to us no matter your situation and we will work with you. We will work with you to provide you with high quality services at an affordable rate. We desire to walk through your situation with you. It also means that to continue what we do, we rely on donations to assist those who need support but can not afford it.”

We encourage pastors and church leaders to refer staff, volunteers, church members, and church attendees to a licensed clinical therapist if they are displaying any signs of grooming, sexual abuse, sexual exploitation, or sexual violence. Halting the progression of these behaviors prior to them becoming habitual is crucial in providing care for the person being referred as well as for those within the church body and community as a whole. Professional preventative intervention could be the difference in the lives of many people.

While CFCC does accept many forms of insurance, including Medicare and Medicaid, and works with individuals based off a sliding scale, those whom you refer may not be able to afford the counseling services provided. We encourage you to consider covering the counseling cost with church funds. If your church is financially unable to assist the individual needing counseling, please contact your local AMS/DOM to see if your association would be able to fund some counseling sessions.

Additional Resources