The unintended consequence that every church must now wrestle with is this: complying with the law is practically impossible, while noncompliance can be deeply detrimental. AB 506 requires two mandated reporters in every Children’s Ministry (CM) class, yet volunteers are not mandated reporters.
The Quandary
Here’s the quandary: how does a small church conduct children’s ministry when all it has are volunteers to run it? According to AB 506, it can’t.
So who are mandated reporters, and where can we get more of them? Mandated reporters under AB 506 include clergy, elders, and paid staff members. It is not financially possible to hire additional staff simply to meet this requirement, nor is it ethical to ordain every volunteer. Those in our church who are already mandated reporters have other duties and responsibilities. That’s a quandary indeed.
Another possible response is to look the other way and simply carry on as we always have. After all, how many churches have actually faced litigation under AB 506? Surely we are too small to be on anyone’s radar. Really—what’s the risk?
This approach quickly falls apart under the principle that ignorance is no defense. It may be true that, day to day, we could probably continue children’s ministry as we have been. In fact, a majority of churches appear to be doing exactly that.
But—and this is a very big but—if a claim of child abuse were ever filed against a church that is not AB 506–compliant (an action that is not uncommon), ignorance becomes more than “no defense.” It becomes grounds for our insurance company to deny coverage and potentially drop us altogether. It also opens church officers to personal civil liability—liability that includes costly legal defense fees and even costlier damage awards.
The Reality
The reality is that no one from the government is coming to police churches to ensure AB 506 compliance with its mandated reporter requirements. But the reality is also that child abuse is prevalent in churches, with strong legal precedent already established, in a cultural climate that both celebrates and sneers at religious institutions when they are caught. Add to this insurance companies that will quickly distance themselves from clients bearing legal liability due to noncompliance with AB 506.
Our pastor has already consulted with our insurance company, Church HR Network, and Church West Insurance. All three have made it clear that compliance with AB 506 is required for insurance coverage and legal representation. At this time, we cannot comply with the law as it is written. Therefore, in an effort to protect our pastor, our elders, the integrity of our church, and to limit the very real and dangerous liability introduced by AB 506, we are suspending all Children’s Ministry for a period of time until lega requirements can be met.
Where Do We Go from Here?
There are two options for most small to medium-small churches. First, suspend traditional children’s ministry, meet with families, assess their needs, and replaced traditional ministry with a family based ministry. There are no AB 506 requirements when it comes to parents, nor are there requirements restricting parents from gathering together. There is nothing preventing parents from gathering to invest in their children.
Second, each class needs two AB506 qualified mandated reporter volunteers. These are adults over the age of 18, who work in a youth program, have substantial regular contact with children, and who volutneer/work more than 32 hours a year. At a minimum this means 4 qualified adults comprising two teaching teams to trade off Sundays.
This Sunday our Pastor will address this issue with the church and answer any questions. We want you to be informed of what is being discussed and why. These are challenging days for ministry but let join in prayer together and ask the Lord to show us the way.
WANT MORE?
If you are so inclined you can read our analysis of the “feasibility” clause and why it’s not safe harbor justifying the continuation of the status quo. This definitely delves into the legal language and argument behind AB506 and our understanding of it’s implication for any church including our own.
You can also read our understanding of who can serve in Children’s Ministry as a required mandated reporter HERE.