What responsibilities do youth-serving organizations have regarding child abuse and neglect?

Organizations offering services to children and youth are expected to keep the participants in their programs safe from harm within the context of reasonable standards of care. The applicable standards may change depending upon specific activities, ages of participants, and physical environments in which the programs occur. In addition, standards change over time and differ from one community to the next.
For the most part, standards of care are not well documented unless the program is required to meet licensing or other credentialing requirements. Although standards of care may not be written, nonprofit agencies may be able to point to the regular practices of similar organizations to demonstrate the reasonableness of their care. Your nonprofit must be prepared to demonstrate that it exercised reasonable care. The failure to do so may result in a judgment against your agency. Lawsuits against nonprofits in the child abuse area frequently allege negligence in three areas:

• that the organization failed to exercise sufficient care in the selection of the staff;
• that it failed to properly supervise the abuser; or
• that it allowed the abuser to continue working with children after abuse was suspected.

In addition to exercising reasonable care in programs involving children and youth, organizations
may be required to report suspicions of child abuse or neglect to the child protective services
agency designated by their state’s laws. Failure to report suspected abuse or neglect may result in
a child being harmed or even killed. Failure to comply with mandated reporting statutes may result
in criminal penalties and, in some states, financial responsibility for any harm sustained in
subsequent maltreatment. Also, organizations may be held responsible for significant deviation
from their own self-imposed values or guidelines.

1. Treat the wheelchair as if it has no breaks.  In other words, even when the breaks are locked, stabilize the wheelchair to prevent movement or tipping when the passenger attempts to stand, sit or transfer.
2. Place yourself on the downhill side of the chair to better maintain control when navigating curbs, ramps or steps.

 In addition to these two cardinal rules, “Management of the Wheelchair Passenger” offers many other practical do’s and don’ts when it comes to safely assisting wheelchair passengers. Be sure to share these recommendations from Texas Mutual with all employees and volunteers who assist wheelchair seated individuals.

Following here’s a summary of what you’ll find:

Do...

• Maintain a firm grip on the wheelchair’s handles
• Ask the passenger the passenger how you can help if you’re unsure
• Know the sequence of events before you start assisting the passenger
• Explain what you’re going to do and how if this is the first time you’re assisting the passenger
• Be gentle and avoid squeezing the individual’s arms or legs; they can be sore
• Be patient and remember that handicapped and elderly individuals take longer to complete some tasks and activities.

Don’t...

• Lift the chair by the arms; they may be removable
• Rush, but take your time, move deliberately and be careful
• Surprise a person by taking hold of him unexpectedly
• Encourage personal, social relationships.

Remember

• People who use crutches, braces, and other assist devices must work very hard to get around
• Disabled and elderly people take longer to do things
• Many disabled and elderly individuals are in constant pain.
• People who use crutches and braces may have a difficultly keeping their balance.
• Don’t equate handicap with intelligence

• Know in advance what criteria disqualify a driving applicant. Examples include x-number of moving violations, specific offenses, minimum number of years with a driver’s license, etc.
• Photocopy front and back sides of applicant’s valid driver’s license.
• Ask the driver to complete and sign a questionnaire about his or her driving history and habits—moving violations, accidents, driver training and qualifications, etc.
• Obtain basic medical information, such as a complete list of all over-the-counter and prescription medication, vision or hearing impairments, etc. Oftentimes this later information is found on the applicant’s driver’s license as well, so review that carefully.
• Verify applicant credentials with the state Department of Motor Vehicles (DMV). Usually for less than $10, you can obtain a copy of a DMV record, or you can require that volunteer applications bring the report to their interview.
• Outline and explain your driver safety policies and code of conduct.

Adapted from: FACT SHEET: Programs Featuring Transportation http://www.nonprofitrisk.org/tools/workplace-safety/nonprofit/c6/transport.htm

According to the Community Action Partnership, each CAA has an average of 813 volunteers at the agency every year.  Here are some other volunteer facts from Volunteering in America:

• 62.8 million people volunteered in 2010
• The top 5 states for Volunteer Rate are UT; IA; MN; NE; and SD
• The top four activities for service are fundraising; collecting or distributing food; providing general labor or transportation; and tutoring or teaching

How can you help?

• Donate gently worn clothing.  Or better yet, pick up items for a local agency
• Donate blood.  Or better yet, organize a blood drive at work or in your neighborhood
• Support your local police department.  Or better yet, join Volunteers in Police Service
• Become a volunteer reader.  Or better yet, organize a Reach Out and Read book drive
• Visit All for Good (www.allforgood.org) to search volunteer opportunities by zip code

Charities comprise a crucial aspect of modern life - as a conduit of giving in developed nations and a font of support in both the disenfranchised communities of those nations, as well as developing nations around the globe. Charities remind and motivate people to reach within and nurture their inner grace and generosity. As the largest insurer specializing in Charity Insurance, CareProviders recognizes the challenges such noble causes can face in today's litigious world. Thus the importance of charity insurance - without which many charitable organizations might succumb to exposed liability and unanticipated risk. CareProviders covers a wide variety of charities including:

• Salvation Army
• American Red Cross (U.S.)
• Goodwill
• Action against Hunger
• ARC of the United States
• National Council on Aging
• National 4-H Council
• Boy Scouts of America
• Girl Scouts of the USA
• Lions Club
• Toys for Tots
• Volunteers of America

Fraternal organizations have existed for thousands of years in civilizations across the globe. Today in the United States they play as vital a role as ever, serving to educate and support the young, empower the many, and dramatically improve quality of life for all ages. Organizations like the Junior League, the National Charity League, the Junior Auxiliaries, the Lions Club, the Masons, the Kiwanis, Garden Clubs, Horticultural Programs, Botanic Gardens organizations, and foundations such as Fund Raising Organziation and United Way foster important relationships within families and communities while developing skills, contributing to society, and motivating individuals of all ages.

Sustaining such programs can require tremendous effort. Like most nonprofit organizations, fraternal organizations depend upon fundraising efforts, donation, and government subsidy. As such, few organizations have greater need to protect their assets in the event that misfortune strikes. Optimizing nonprofit insurance premiums is a challenging but crucial practice. If an organization fails to do so, it can mean wasting important funds on too much coverage or getting wiped out for having too little. Assisting fratenal organizations in minimizing expenses and exposure benefits everyone. Learn more here.

A sheltered workshop is an organization that provides employment opportunities for people with disabilities. The word 'sheltered' refers to a protective environment where the disabled can undertake paid, meaningful employment in a supportive atmosphere.

Sheltered workshops came into being approximately 30 years ago with the passage of Senate Bill 52 in 1965. Frank Ackerman, a parent with a child in the state school at Sedalia, became concerned with what the future held for his child after he finished school. Ackerman began a campaign to establish a vocational program in Missouri. His campaign resulted in the passage of Senate Bill 52. Sedalia established the first state authorized sheltered workshop that same year, and many other communities followed.

A sheltered workshop operates much like any other light assembly or service shop, except that the employees are adults whose physical or mental disabilities currently prevent them from competing for regular employment. Employees are paid on a piece-rate basis according to their ability to produce, compared with non-disabled workers who would be paid the prevailing wage for the job. Although most workshop employees earn less than the minimum wage, the workshop provides them a place to perform meaningful work and lead productive lives.

Read more on our website at http://www.nsminc.com/nsm/pdf/YourCareConnectionJulyAug2011.pdf

The Equal Employment Opportunity Commission (EEOC) recently issues its final revised Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act, along with accompanying interpretive guidance. These final Regulations interpret the Americans with Disabilities Act of 2008 (ADAAA), which was originally signed into law by President George W. Bush on September 25, 2008, and went into effect January 1, 2009.

The EEOC's Regulations, along with other resources, took effect on May 24, 2011. We encourage you to view an Advisory explaining how these Regulations change the ADA landscape. To learn more about the value of HELPLINE and how to enroll, please talk to your agent and visit the website. Clients already enrolled in HELPLINE can view this month's Question of the Month and ask specific HR risk management and employment law questions directly to attorneys through the HELPLINE website. For access codes, please contact the HELPLINE toll-free at (877) 568-6655. For information on coverage relating to ADAAA services, visit our site and check back on our blog.

The greater New York, Los Angeles, Chicago, Cleveland, Philadelphia and Boston metropolitan areas are among the 10 best places in America to live for people who have autism, according to the results of an online survey released earlier this year by Autism Speaks, the world's largest autism science and advocacy organization. Northern New Jersey, Minneapolis/St. Paul, Seattle and Milwaukee are also among the top 10 listed. The survey also found that nearly 75% of respondents were not satisfied with their community's resources and services for people with autism. Among the states faring worst in the survey, in terms of the percentage of negative responses from that state, were Texas, Virginia, Tennessee, Ohio, Florida, Michigan and California.

For those who responded positively that they are generally happy with the availability of services and resources where they live, many cited satisfaction with the educational services their child receives, proximity to outside services, flexible employer policies, access to clinical/medical care and recreational opportunities as key attributes. Conversely, those who were unhappy about their community's resources reported, by very large margins, having to travel considerable distances (over an hour) for treatments and services, said medical services were difficult to come by, and noted that few, if any, recreational services were available locally. Across the board, respite services were lacking in all areas. More than 800 members of the autism community in 48 states and the District of Columbia participated in the survey. For more, visit Autism Speaks.

A new report prepared by the World Health Organization and the World Bank states that approximately 15 percent of the world’s population – about 785 million people – suffers from some type of substantial     physical or mental disability, The Washington Post reported. The disabilities range from mental retardation to chronic pain to mental illness and the report, which was released by the United Nations, found that   these problems are more widespread in low-income countries, as they become worse with poverty. As incidence of disability increases, it becomes more and more important to have established programs in place to assist those struggling with various mental and physical challenges. To learn more, visit the World Health Organization at http://www.who.int/en/.