Your church takes on risk in the following categories when it offers counseling services: Negligent Counseling (Malpractice)"Malpractice" is generally defined as a failure to exercise an accepted degree of skill in the performance of professional duties that results in injury to another person. Although many courts have rejected these claims against pastors, some have found them guilty of malpractice for sexual misconduct with a client or for engaging in "non-religious" counseling. Sexual MisconductA number of women have brought lawsuits against male pastors who seduced or sexually assaulted them in the course of a counseling relationship. Such pastors expose themselves and their church to potentially significant legal risk. False AccusationsA false accusation can be as devastating as a true one. Because of the unique temptations that counseling can present, and the possibility of false accusations, "defensive measures" should be taken by those who engage in counseling. Some precautions are presented later in this lesson. Child Abuse ReportingPastors may be criminally and civilly liable under state law to report child abuse to civil authorities. It is essential that pastors be aware of their legal obligations under their state's law with respect to this issue. ConfidentialityThe church and its counselors can be sued if they intentionally or inadvertently disclose confidential information to third parties. Some states provide exceptions to this rule in cases of child abuse reporting, or when a counselee threatens to harm others. Also, it is important to distinguish between "privilege" and "confidentiality." The clergy-penitent privilege provides that clergy cannot be compelled to disclose in court what was shared with them in confidence. Generally, "confidentiality" refers to not disclosing to anyone what is shared in confidence. Discuss
  Church Staffing EssentialsLearn how to handle your staffing well, including when it's time to hire or fire.  Giving and Receiving FeedbackIn "Giving and Receiving Feedback," you'll find a series of forms—as well as some tips—for conducting surveys and evaluations in your church. Ministry Cutting Edge What do our senior adults need most from the church?  Ethnic Blends?How do you develop a racially diverse leadership team? Are quotas the right recipe?
|            | ||||||||||||||||||||||||||||||
share this page
