A Governance Structure Must Account for Potential Child Abuse

Featuring guest author Cory Halliburton, attorney with Weycer, Kaplan, Pulaski & Zuber, P.C.

Child abuse. These two words are used so often in the media that society has become callused to their significance. One of the most emotionally and financially devastating events to an organization can occur when a child is abused or neglected on site. Any organization that has children on site must take steps to prevent abuse and to make sure all employees (and volunteers, if possible) have a good grasp of Texas’ child abuse reporting laws. This issue will eventually arise in your organization. Be ready.  

Know your employees and volunteers. Investigate whether your employees, members or volunteers are registered sex offenders by reviewing the Texas Department Public Safety website. Have employees and, if possible, volunteers who work with children, agree, pledge or acknowledge, in writing, that they have not (since the last acknowledgment) and will not engage in sexual or other physical misconduct with children. Require this monthly, quarterly or otherwise as the organization may implement. Educate employees about signs of abuse or neglect. This education may be provided through videos or other materials available through various on-line resources. Make sure employees are aware of any procedures to follow in the event abuse or neglect is suspected, including how to report to the governing board members. 
Chapter 261 of the Texas Family Code contains a fairly complex system for reporting suspected child abuse or neglect. Generally, a person having cause to believe that a child’s health or welfare has been adversely affected by abuse or neglect by any person shall immediately make a report. This is a very broad standard for reporting.  The terms “abuse” and “neglect” have specific definitions under the statute, many of which use terms such “an observable and material impairment” in the child’s growth or development or “substantial risk” of harm. At times, it is difficult to know whether an event is a reportable one, but to best protect the children associated with the organization, it is usually best to make a good faith report and allow the professionals to handle the investigation of whether or not abuse or neglect in fact exists.