Youth organization leaders, workers, and volunteers have a responsibility to protect children involved in the program from harm.

Unfortunately, while many adults who work with children know to protect them from dangers including traffic, animals, and strangers, they may not realize that other adults within the organization may also have the potential to cause harm including sexually abusing the children that are supposed to be in their care.

Leaders of youth programs such as the Boy Scouts of America, sports organizations, and other after-school programming may be able to protect the children involved with these programs by requiring coaches, workers, and volunteers to comply with a thorough background check policy.

Why Should Background Checks Be Conducted?

Having a background check policy is an essential tool in determining the qualifications and safety of all workers and volunteers within an organization. Conducting investigations and background checks into potential workers may highlight a number of red flags, such as prior criminal histories.

Background checks may reveal felony convictions, a history of child abuse or sexual assault, domestic violence, or driving infractions such as DUIs. Background checks also confirm the identity of the person applying to work or volunteer, as well as their prior work or volunteer history, skills, qualifications, and other factors that may affect their ability to participate in a youth organization.

Who Should the Background Checks Apply to?

A background check policy is most effective when it applies to as many people as possible. In addition to employed coaches, workers, or staff, background check policies can also apply to people who serve as volunteers, and in the case of youth organizations, this is especially important. In addition to paid employees, youth programs often rely heavily on volunteers to keep things running smoothly.

While many volunteers may be parents of children affiliated with the organization, some volunteers may be unknown to the organizers. (And even then, parents of children in the organization cannot simply be assumed to be safe.) Even though these volunteers are not employed by the organization, it is still prudent to conduct investigations and background checks on all volunteers who interact with children. Additionally, some organizations may be legally required to conduct background checks on potential workers, regardless their status as an employee or volunteer.

Are Youth Organizations Required to Run Background Checks?

Some youth organizations are required to run background checks on workers and volunteers, either by law or by the program’s own policy.

For example, USA Football, Little League, US Soccer, USA Volleyball, USA Gymnastics, and Babe Ruth League all require background checks on coaches.

Due to insurance requirements as well as concern for child safety, background checks are quickly becoming the standard practice for many youth organizations. In youth sports, where physical contact or one-on-one training may be necessary, screening coaches or other workers for potential red flags provides an extra layer of protection for the children.

In addition to an organization’s requirements, some states also have a mandated background check policy for people who work with children. California, Florida, Pennsylvania, and Oregon all have strict background check policies for workers affiliated with youth sports organizations.

Even if your organization is not legally required to conduct background checks on employees and volunteers, doing so may establish credibility with parents. By ensuring that everyone who works with or volunteers for your organization has been investigated, you are able to provide a higher level of safety for the children involved with your program at a relatively low cost.

How Much Do Background Checks Cost?

Background checks are relatively inexpensive, and generally cost between $10 and $50 per person. The cost of the investigation may depend on the thoroughness and amount of detail included in the investigation. Basic background checks may be as low as $10 and cover simple details including confirming the identity of the volunteer or worker, as well as pulling up any prior felony convictions. Pricier background checks may include many more details on the individual’s history.

However, background checks are not updated after the results of the check are provided to the organization that requested it. In order to make sure that background checks on volunteers and workers are up to date, programs may need to run new background checks every year. Although the cost of employee and volunteer background checks may add up, it is nothing compared to the cost of a potential abuse lawsuit.

Can a Background Check Policy Protect Kids?

Although screening people affiliated with children’s organizations may help to weed out potential volunteers or workers who have a prior history of abuse, these investigations can only catch people who have a criminal history. Background checks may not be helpful in cases of first-time offenders, or for abusers who have not been caught.

Unfortunately, several recent instances of abuse perpetrated by coaches involved with youth athletic organizations involved adults who had passed background checks, including in major organizations like USA Gymnastics with the Larry Nassar scandal. However, although requiring background checks does not guarantee that no child involved will suffer abuse, it may lower the risk and serve as a deterrent to predators.

Even if your organization is not legally required to conduct background checks, screening people may help prepare your program to come into compliance with other laws governing youth organizations.

According to the Safe Sport Authorization Act of 2017, many youth sports organizations are required to provide abuse prevention training for adults who work with children, as well as institute policies for mandatory reporting of abuse or misconduct.

The Safe Sport Act was implemented after the news became flooded in recent years with stories of abuse perpetrated in a range of organizations that work with children including USA Gymnastics and the Boy Scouts of America. These allegations inspired lawmakers to take further action to protect children who participate in sports. 

The Safe Sport Act places new requirements on a range of organizations, including both those with a national affiliation and those that are solely local.

Background checks may be an important way that organizations working with children can protect them. In light of the Safe Sport Act, organizations that have a national governing body must have the same policies in place at the local level as those in place at the national level. The law aims to bring consistency to processes, which can protect students.

Additionally, the law requires organizations to limit one-on-one interactions between adults and children, and report abuse if it occurs. Along with background checks, these policies can help organizations find adult leaders who are trustworthy, prevent dangerous situations from happening, and handle it appropriately if something occurs. 

The act also expands the definition of a mandatory reporter to include any adult in the program who works with children. These adults are legally required to report abusive behavior within 24 hours of becoming aware of it. In addition, organizations with reporting procedures must take steps to prevent retaliation against those reporting abuse. 

To protect children, it is also essential that both adults and children involved in these youth organizations are educated about abuse, including what it is, how to recognize it, what to do to protect themselves, and who they can turn to for help.

It may feel intimidating to educate children — especially young children — about abuse, but there are age-appropriate ways to educate children about abuse and how to stay safe, such as teaching kids what parts of their bodies are private areas. It is also never too early to teach children about consent. Parents can do this by letting them know that touching any part of their body (“private” or not) isn’t okay without permission or if it makes them feel uncomfortable.

Consent and respect can be modeled in the home by listening to children and respecting their choices if they say they don’t feel like a certain kind of touching, such as tickling, hugging, and more. One of the most essential things parents can teach kids is that if an adult asks them to keep secrets, it’s not okay, and they never have to keep secrets for an adult. This can help make sure children don’t feel that they have to stay quiet about potential abuse.

Of course, none of this education matters if parents and other adults are not open to listening to their children when they come forward with concerns. It is critical to listen to children when they voice concerns about someone they feel threatened by.

Filing a Youth Organization Sexual Abuse Lawsuit

If you or your child was abused by a coach, leader, staff member, volunteer, or other worker involved with a youth organization, including the Boy Scouts or youth athletic programs, you may be eligible to hire a qualified attorney to review your case.

Some survivors may qualify to file class action lawsuits against the individuals or organizations responsible for allowing the abuse to occur. Survivors may be eligible to receive financial compensation for their experiences and suffering.

While litigation cannot take away the pain, suffering, and trauma caused by child sexual abuse, it can at least help to provide some monetary compensation, as well as hold those responsible for this suffering — including the perpetrators and the organizations that allowed the abuse to take place — accountable for their actions and inactions. A number of states have recently implemented new laws to give survivors more time to pursue litigation.

Filing a lawsuit can be a daunting prospect, so Top Class Actions has laid the groundwork for you by connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.

This article is not legal advice. It is presented
for informational purposes only.