In a recent sexual abuse case , church leaders were notified of an abuse allegation stemming from events in 2014 involving a 10-yearold girl and a church employee . The allegation , communicated by the child ’ s mother , was addressed by the executive pastor . The mother of the child felt the executive pastor ’ s response was inadequate . A lawsuit stemming from the allegation involving the 10-year-old — now 20 years of age — was filed in 2023 . Response from the church , 10 years later , required answers to these questions :
• How was the matter addressed in 2014 , and who was involved ?
• Was the allegation reported to the authorities ? If so , by whom and when ?
• What sexual abuse prevention system was in place in 2014 ?
• If an effective Safety System was in place , do records provide evidence of this System ?
Many of the church ’ s leaders joined church staff after the alleged abuse occurred , and those who were employed by the church in 2014 do not remember the allegation or were not involved in the church ’ s response . In 2023 , there was no institutional knowledge of safety protocols in place in 2014 , who communicated any response , whether a report was made to appropriate authorities , or how the victim and her family were treated . Sadly , this pattern is revealed regularly , and highlights the importance of record keeping .
SEXUAL ABUSE AND RECORD KEEPING Child sexual abuse allegations constitute the number one reason churches end up in the courtroom since 2010 , and there ’ s no reason to believe this will change anytime soon . Some sexual abuse lawsuits are initiated within a short time after the abuse occurred ; others may relate to facts from years or even decades prior , like the example above . As long as the possibility of future civil litigation remains , records must be preserved . Why ? Every child-serving organization has a legal obligation to take reasonable steps to create a child-safe environment , implementing an effective Safety System . In litigation , a ministry must prove that these safety protocols were in place — particularly during the time of the alleged abuse . Memories are helpful , but written records are superior , providing the necessary framework for memories ( and testimony ) to be refreshed . Now more than ever , every church must ( 1 ) implement an effective Safety System to prevent child sexual abuse ; ( 2 ) document these policies and processes ; and ( 3 ) preserve these records indefinitely .
AVOID BAD ADVICE It is common for human resource consultants and attorneys to advise organizations to keep records for seven years — after which the organization is safe to shred or delete information . This can be dangerous advice in the realm of sexual abuse risk .
Cost of document storage One reason for this advice — to destroy documents after seven years — is no longer relevant . In the past , screening processes relying on paper copies required physical storage , creating a need for physical filing space and significant expense . Today , screening processes more commonly use online and paperless processes , removing the high cost of physical storage . Even paper copies of screening documents can be stored electronically , with little expense . The cost of document storage is no longer a valid reason to destroy records .
Limited statutes of limitation Another reason for this advice — to ‘ shred after seven years ’— was premised on the idea that these records would not be needed for an employment dispute after a few years , much less seven years later . The logic is related to the legal statute of limitations . The majority of employment disputes necessitating the retention of employment records have a relatively short statute of limitations : the time period within which legal proceedings must be brought — usually two years or less . In the past , seven years was believed to be a sufficient length of time for an organization to retain records to defend itself in an employment dispute .
Child sexual abuse Child sexual abuse claims , however , have a longer statute of limitations than employment law claims ; generally longer than any other claim . In many states , there is no time limit for filing a child sexual abuse lawsuit . Other states are expanding civil statutes of limitation and evaluating ( and implementing ) look-back statutes that revive otherwise time-barred claims . In general , there is no length of time after which a church can safely delete or destroy information related to sexual abuse prevention and response . Instead , this information must be preserved indefinitely .
PRESERVING RECORDS What specific information should a church preserve ? In an IRS audit , an individual or business is required to produce the necessary paperwork to prove or establish reasonable and lawful financial decision-making in a tax return , including earnings , deductions , donations and expenses . Accordingly , the individual or business preserves the information necessary to support decisions related to each IRS filing . If the business is audited and cannot provide sufficient documentation to support its filing , the business may be subjected to adjustments , fines and penalties . Whether all transactions occurred correctly or not is irrelevant if the audited individual or business cannot prove it . Most businesses understand this dynamic and preserve the relevant information in anticipation of a possible audit . Sexual abuse claims are somewhat similar . When a child sexual abuse claim is filed , a ministry must produce documentation supporting its decision-making and child protection efforts . In a sexual abuse lawsuit , one or more of the following claims will be brought : negligent hiring , negligent screening , negligent retention , negligent training ( or failure to train ) or negligent supervision . The church must be able to demonstrate that its decisions related to hiring , screening , retention , training and supervision were reasonable . This is instructive : if a church must prove its leaders made reasonable decisions in each of these areas , records clarifying these decisions must be preserved , and retained indefinitely . Whether or not every decision was made correctly at the time in question is irrelevant if the ministry cannot prove it in some form .
Negligent hiring / screening Every church must have a reasonable process in place to screen employees and volunteers , including an application , reference checks , interview and Background Check . This screening process should focus on child safety , rather than ‘ fitness for purpose ’ — whether the applicant has the appropriate skills for the position — alone . An effective screening process includes questions meant to elicit highrisk indicators , alerting the ministry to a possible predator . ( Learn more about an effective screening process at www . churchexecutive . com / archives / child-sexual-abuse-and-background-checks .) These records should be preserved indefinitely .
Negligent retention If a staff member or volunteer ( or another child ) becomes the subject of a complaint involving abusive behavior but is retained in the program , does the church have records supporting this decision ? Information included in this category may be highly fact-driven , and the church must demonstrate its decision-making process and response . Again , these records should be preserved indefinitely . churchexecutive . com STOP CHILD SEXUAL ABUSE • CHURCH EXECUTIVE 79