Youth-Serving Organizations: Lawyers are Critical Abuse Prevention and Preparedness Partners
Schools, camps and other youth-serving organizations tend to think of lawyers as a last resort when it comes to addressing issues of child safety and abuse prevention. The word “lawyer” conjures images of dark suits, legal briefs and solemn faces; in other words, people to avoid unless you think you’ll be sued. But this frame is worth reconsidering. By coming to think of lawyers as abuse prevention partners, youth-serving organizations can create proactive solutions to problems before they arise.
Call on an abuse prevention lawyer to prepare you to respond to reports of harm.
The child safety landscape has evolved. Yes, you need comprehensive (and legally compliant) policies for staff and youth. Yes, you have to raise awareness with staff by training them. Those are important building blocks in an abuse prevention framework, but those are just the basics.
But what happens when a report of harm arises? So much of the focus has been placed on attempts at prevention that many leaders have not considered the complexities of responding to a report. This is through no lack of effort or desire to do the right thing. They simply do not have the experience, and intuition that works well in other arenas may not be enough in these high-stakes, sensitive situations.
This is where an abuse prevention lawyer comes in. Trauma-informed legal guidance is needed to address the potential harm to kids and staff and risks to the organization when considering responding to a report of harm.
Be Proactive - Do not wait to set up response protocols.
Most mistakes that threaten the continued viability of youth-serving organizations happen once a report of harm has been made. It’s those first moments, those quick decisions, that can escalate or de-escalate a situation very quickly.
Ideally leaders should get that legal guidance before a report gets made, not after. By engaging a lawyer as an abuse prevention partner, you can avoid the trial and error approach that often makes a bad situation worse. An attorney who has seen matters proceed through litigation is the best person to guide you in the setup of your systems and leave you prepared to respond thoughtfully and effectively.
How do you choose the right lawyer to be an abuse prevention partner?
Some questions to ask attorneys providing abuse prevention guidance:
Will our conversations be confidential?
Yes, an attorney-client relationship is one of confidentiality and loyalty. You want this, not because you are looking to hide wrongdoing, but because you are looking to give yourself the space to have a frank discussion, even if mistakes have been made, and be thoughtful about the least harmful way to respond.
Do you use a trauma-informed approach?
An attorney who is fluent in trauma-informed practices has a perspective that is critical to effectively advising youth-serving organizations on harm-reduction approaches to responding to reports of harm. Hiring a law firm sensitive to the unique needs of youth-serving organizations means having a partner that understands how to tailor the guidance to serve your organizational mission.
Do you have experience trying cases?
Many attorneys have litigation experience, meaning, they have filed complaints and engaged in settlement negotiations. It is not just litigation experience, but rather trial experience, that is critical when it comes to child safety work. Trial attorneys have worked with people in high-stakes, high-emotion situations, and know how juries are likely to respond to a given set of facts. This is an advantage as it allows an attorney to see around corners.
Do you have experience interviewing sensitive witnesses, including children?
Sensitive interview experience is critical when advising a youth-serving organization about how to proceed. This is because each report of harm involves real people, people with varied life experiences, capacity and worldview. Understanding how to engage with people in crisis is a critical skill for an abuse prevention attorney.
What services do you provide?
Finding a firm that does work holistically, and can provide you with legal and strategic guidance, investigation services, as well as education and communications advice is helpful. Be mindful that some firms have practice groups for different areas, which may be more costly (as you will be using multiple attorneys).
