Transporting children in cars may be a necessary component of some nonprofit programming, but it also carries significant risks. While accidents can never be completely eliminated, there are steps nonprofit organizations can take to mitigate the risks to the organization, the driver, and the transported children. This article from Wagenmaker & Oberly explores some effective risk management strategies to help keep your precious cargo and nonprofit safe on the road.
Children, Elderly and Disabled
Guiding the Guides: Working with Volunteer Mentors
To realize the full potential of youth mentoring programs, it is critical for a nonprofit to have appropriate safeguards in place to protect the nonprofit, its volunteer mentors and its youth mentees. In the webinar, our speaker will review legal considerations for nonprofits that have volunteers who mentor youth, including:
- On-site vs in-the-community programming;
- Volunteer Handbooks & background checks;
- Provisions to include in your general liability insurance policy;
- Driving with youth mentees.
Speaker: Kristine Berry Morain, EVP, General Counsel, Boys & Girls Clubs of America
Additional Resources:
Child Labor Laws and Youth Volunteers: What To Know about Having Minors Work or Volunteer at Your Nonprofit
The hours of work and types of jobs that children and adolescents may perform are regulated at both the state and federal levels by a variety of agencies. Whether your nonprofit works with children or has youth serve as volunteers, there are some clear and not-so-clear laws around children providing services. In this webcast, our speakers share important guidance for nonprofits who have children help as employees or volunteers, including:
• At what age and for how many hours may children work in Georgia?
• Considerations for having minors serve as volunteers
• Regulatory limitations including state work permits and federal restrictions on certain activities
Speakers: Michelle Johnson, Partner at Nelson Mullins & Amy Cheng, Associate at Nelson Mullins
Slides - Child Labor - July 2021So You Have a Service Animal: The Obligations of Nonprofits to Individuals with Service Animals
Confusion over service animals, which are specially trained to help people with disabilities, and emotional support animals, which are used to provide emotional support, but don’t necessarily require any specialized training, have become prevalent in our day and time. Under the Americans with Disabilities Act (ADA), State and local governments, businesses, and nonprofit organizations that serve the public generally must allow service animals to accompany people with disabilities in all areas of the facility where the public is normally allowed to go. So if you run a nonprofit and you run afoul of this provision, you could find yourself in violation of ADA and/or the State or local law. In the State of Georgia, denial or interference is a misdemeanor of a high and aggravated nature punishable by a fine not to exceed $2,000.00, imprisonment for not more than 30 days, or both.
Article - Service AnimalsLicensing Requirements for Summer and Other Childcare Programs
The Georgia Department of Early Care and Learning (DECAL) requires that “all programs providing group care for children” obtain either a license or an exemption from licensing. You cannot simply assume that your program is exempt.
If you operate a child care program in Georgia, you must either obtain a license or an official determination that the program is exempt from licensing rules. Ignoring these requirements can lead to fines or even prosecution for operating an unlicensed facility. This article provides information about Georgia licensing requirements, and how to obtain an exemption if your program is eligible to receive one.
Article- Summer Programs and Child Care RegulationsWebcast: Abuse and Vulnerable Populations
Reporting suspected abuse, neglect or exploitation of vulnerable populations (like children and the elderly) is not something your nonprofit may spend time preparing for—until faced with a potentially life threatening situation where the responsibility to act is immediate.
During this webinar, our speaker helps nonprofits understand:
– Who is a mandatory reporter?
– What must be reported and to whom?
– When must reports be made?
– What is the potential liability for non-compliance?
– What are the protections for reporters?
– What are some common pitfalls for mandatory reporters?
– What type of documentation and policies should you have?
Click here to view the webcast.
Slides: Abuse and Vulnerable PopulationsWebcast: Legal Issues for Nonprofits that Work with Children
As all nonprofits that work with children know, these organizations have special issues and risk areas. Having in place good systems for risk management will benefit an organization’s reputation, and can also protect its finances. In this webcast, our speaker will discuss:
certain common risks for organizations working with children; and
best practices for handling those risk areas.
Presenter: Meghan Magruder, King & Spalding, LLP
Slides: Legal Issues for Nonprofits that Work with ChildrenREPORTING ABUSE OF DISABLED ADULTS AND ELDER PERSONS IN GEORGIA
Under Georgia law, certain individuals are required to report suspected abuse, neglect, or exploitation of disabled adults or elder persons. This article explains the reporting requirements, including what should be reported, who is required to report, and the procedures for reporting suspected abuse, neglect, or exploitation.
Day Care Licensing
Many nonprofit organizations provide child care services for parents participating in their programs. These organizations may need to get a state license to operate a day care or they may qualify for an exemption. Even if an organization is exempt from state licensing requirements, their county and city may have additional requirements. This article explains who needs to apply for a state license, who may qualify for an exemption, how to apply for an exemption, and how to contact your county and city to find out if there are additional local regulations.
Day Care Licensing Requirements
Child Abuse Reporting in Georgia
Changes to Georgia’s child abuse reporting law went into effect July 1. These changes have a direct impact on nonprofits, their employees, and their volunteers. The revisions increase the number of mandatory reporters, i.e., people who are required to report suspected child abuse. Previously only certain types of nonprofit employees were required to report. Now, both employees and volunteers at any nonprofit that works with or helps children are required to immediately report suspected child abuse. Neither the definition of child abuse in Georgia nor the reporting procedures have changed.
In addition to requiring volunteers to report, the changes clarify and expand several previously-existing categories of mandatory reporters:
Nurses’ aides are now required to report along with other medical personnel.
School teachers have always been mandatory reporters, but now this group is defined to include any teacher employed at public and private pre-kindergartens, elementary schools, secondary schools, technical schools, vocational schools, colleges, universities, or any institution of postsecondary education.
Reproductive health care facility or pregnancy resource center employees and volunteers are now required to report.
Child service organization personnel were already required to report. This category now includes anyone employed by or volunteering at any organization or business that provides care, treatment, education, training, supervision, coaching, counseling, recreational programs, or shelter to children.
Clergy must report any evidence of child abuse that they learn about outside of discussions, such as confessions, that are considered confidential under the organization’s religious doctrine.
Please see the attached article for additional information.
Article: Child Abuse ReportingChild Abuse Reporting in Georgia
When working with children, nonprofit employees and volunteers should always be mindful of the possibility that a child has been or is currently being abused. Anyone who suspects child abuse is encouraged to report such abuse to the authorities, but did you know that certain individuals are required by law to do so?
If you or another nonprofit worker suspects abuse, who should you contact? Are there legal consequences to the nonprofit if an employee or volunteer fails to report suspected abuse? Are there protections for those employees and volunteers who do report suspected abuse? Our new article called “Child Abuse Reporting in Georgia” can help answer these questions and more.
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